Documents of American History - Virginia Department of Education

Documentsof American

HistoryVirginia Department of Education

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Documents of American History

State law requires that the following documents shall be taught to allpupils in the public schools of the Commonwealth: the Declaration ofAmerican Independence, the general principles of the Constitution of theUnited States, the Virginia Statute of Religious Freedom, the charters ofApril 10, 1606, May 23, 1609, and March 12, 1612 of the Virginia Company,and the Virginia Declaration of Rights. Emphasis shall be given to thecitizenship responsibilities inherent in the rights included in these docu-ments. It is also required by statute that pupils be instructed in the historyof the United States flag and the Virginia flag.

These documents express and these flags symbolize the principles andideals fundamental to the American system of freedom under law. It is theduty and the privilege of the Commonwealth’s teachers to instruct pupilsin these principles and ideals and it is the duty and the privilege of theCommonwealth’s citizens to honor them and transmit them to succeedinggenerations. With a view to their perpetuation this booklet is publishedfor the use of the public schools of the Commonwealth.

Foreword

Superintendent of Public InstructionVirginia Department of Education

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Table of Contents

Foreword1

Teaching the Virginia Declaration of Rightsand Other Historical Documents

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The Constitution of Virginia3

Virginia Statute of Religious Freedom38

Declaration of American Independence39

Constitution of the United States of America41

Amendments50

The Virginia Charters56

Virginia Department of EducaionDivision of Instruction

P. O. Box 2120Richmond, Virginia 23218-2120

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The ideas and ideals which are basic to the establish-ment and perpetuation of the American form of govern-ment and the American way of living are expressed in theAmerican Declaration of Independence, the Virginia Stat-ute of Religious Freedom, the Virginia Declaration of Rightsof the Constitution of Virginia, the Charters of the VirginiaCompany, and the Constitution of the United States. Care-ful consideration of each of these great documents shouldprovide a sound foundation upon which each student candevelop a set of values.

Code of Virginia, Title 22, Chapter 13: Article 1, Section22.1-201, specifies the documents that must be taught in thepublic schools of the State:

“Study of documents of Virginia history and United StatesConstitution. — The Declaration of American Independence,the general principles of the Constitution of the UnitedStates, the Virginia Statute of Religious Freedom, thecharters of April 10, 1606, May 23, 1609, and March 12, 1612of The Virginia Company, and the Virginia Declaration ofRights shall be thoroughly explained and taught by teachersto pupils in both public elementary and secondary schools.Emphasis shall be given to the citizenship responsibilitiesinherent in the rights included in these documents. Writtenexaminations as to each of such documents shall be given.”

These enduring documents of human rights should betaught not merely because the law requires it, but alsobecause all young citizens need to develop an appreciationfor the wisdom and validity of the ideas expressed as well asa sense of responsibility for perpetuating the basic freedomsset forth in these documents.

The study of these documents should cause the studentto reflect upon the nature of government and of the role ofthe individual in relation to it. Such study also shouldpromote an understanding of the nature and proper role oflaw and its relevance to contemporary society. A majorobjective of the study should be the development of valueswhich are consistent with the maintenance of our form ofgovernment and our democratic way of life.

The full text of the Constitution of Virginia, includingthe Declaration of Rights and the Statute of Religious Free-dom, the American Declaration of Independence, the Con-stitution of the United States, and the Charters of the Vir-ginia Company are reproduced in this publication.

Grades in Whichthe Documents Are to Be Taught

Political awareness and the formulation of politicalattitudes and values begin early in the life of each indi-vidual. The development of these attitudes and values isinfluenced by home and community contacts, and by theschool. While these documents probably cannot be ana-lyzed in a comprehensive manner in the primary and earlyelementary grades, experiences which convey the spirit ofthe documents can be provided at all grade levels. A carefulstudy of the documents by primary and early elementaryschool teachers is recommended so that experiences whichare suitable for young children can be provided.

The middle grades provide an opportunity for moredetailed study of the documents. The Virginia Charters, theAmerican Declaration of Independence, the Virginia Decla-ration of Rights, and the Virginia Statute of Religious Free-dom should be studied as integral parts of instruction inVirginia history and government. In addition to the studyof the historical development of the documents, emphasisshould be given to the fundamental principles involved andtheir application to the present.

The required courses in Virginia and United States His-tory and Virginia and United States Government provide addi-tional opportunities for instruction about the charters ofApril 10, 1606, May 23, 1609, and March 12, 1612 of TheVirginia Company, the American Declaration of Indepen-dence, the Virginia Declaration of Rights, and the VirginiaStatute of Religious Freedom. Instruction at this level shouldnot merely repeat what has been taught in earlier grades, butshould be planned to develop a deeper understanding ofand appreciation for the significance of the ideas expressedin these documents. The two courses also provide for thestudy of the historical development and the meaning andsignificance of the Constitution of the United States andother basic documents. The historical development of theUnited States Constitution can best be treated in the coursein Virginia and United States History, usually taught in theeleventh grade. The analysis of the document as an instru-ment of government should be reserved for the course inVirginia and United States Government, usually taughtin twelfth grade.

Teaching the Virginia Declaration of Rightsand Other Historical Documents

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The Constitution of VirginiaARTICLE I — Bill of Rights

A DECLARATION OF RIGHTS made by the good peopleof Virginia in the exercise of their sovereign powers, whichrights do pertain to them and their posterity, as the basis andfoundation of government.

Section 1. Equality and rights of men.

That all men are by nature equally free and indepen-dent and have certain inherent rights, of which, whenthey enter into a state of society, they cannot, by anycompact, deprive or divest their posterity; namely, theenjoyment of life and liberty, with the means of acquiringand possessing property, and pursuing and obtaininghappiness and safety.

Section 2. People the source of power.

That all power is vested in, and consequently derivedfrom, the people, that magistrates are their trustees andservants, and at all times amenable to them.

Section 3. Government instituted for common ben-efit.

That government is, or ought to be, instituted for thecommon benefit, protection, and security of the people,nation, or community; of all the various modesand forms of government, that is best which iscapable of producing the greatest degree of happi-ness and safety, and is most effectually securedagainst the danger of maladministration; and,whenever any government shall be found inad-equate or contrary to these purposes, a majority ofthe community hath an indubitable, inalienable,and indefeasible right to reform, alter, or abolishit, in such manner as shall bejudged most conducive to thepublic weal.

Section 4. No ex-clusive emoluments orprivileges; offices notto be hereditary.

That no man, or set of men, is entitled to exclusive orseparate emoluments or privileges from the community,but in consideration of public services; which not beingdescendible, neither ought the offices of magistrate, leg-islator, or judge to be hereditary.

Section 5. Separation of legislative, executive, andjudicial departments; periodical elections.

That the legislative, executive, and judicial depart-ments of the Commonwealth should be separate anddistinct; and that the members thereof may be restrainedfrom oppression, by feeling and participating the burthensof the people, they should, at fixed periods, be reduced toa private station, return into that body from which theywere originally taken, and the vacancies be supplied byregular elections, in which all or any part of the formermembers shall be again eligible, or ineligible, as the lawsmay direct.

Section 6. Free elections; consent of governed.

That all elections ought to be free; and that all men,having sufficient evidence of permanent common inter-est with, and attachment to, the community, have theright of suffrage, and cannot be taxed, or deprived of, ordamaged in, their property for public uses, without theirown consent, or that of their representatives duly elected,or bound by any law to which they have not, in likemanner, assented for the public good.

Section 7. Laws should not be suspended.

That all power of suspending laws, or the executionof laws, by any authority, without consent of the repre-sentatives of the people, is injurious to their rights, andought not to be exercised.

Section 8. Criminal prosecu-tions.

That in criminal prosecu-tions a man hath a right to de-

mand the cause and natureof his accusation, to be con-fronted with the accusersand witnesses, and to callfor evidence in his favor,

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and he shall enjoy the right to a speedy and public trial,by an impartial jury of his vicinage, without whoseunanimous consent he cannot be found guilty. He shallnot be deprived of life or liberty, except by the law of theland or the judgment of his peers, nor be compelled in anycriminal proceeding to give evidence against himself, norbe put twice in jeopardy for the same offense.

Laws may be enacted providing for the trial of of-fenses not felonious by a court not of record without ajury, preserving the right of the accused to an appeal toand a trial by jury in some court of record having originalcriminal jurisdiction. Laws may also provide for juriesconsisting of less than twelve, but not less than five, forthe trial of offenses not felonious, and may classify suchcases, and prescribe the number of jurors for each class.

In criminal cases, the accused may plead guilty. If theaccused plead not guilty, he may, with his consent andthe concurrence of the Commonwealth’s Attorney and ofthe court entered of record, be tried by a smaller numberof jurors, or waive a jury. In case of such waiver or pleaof guilty, the court shall try the case.

The provisions of this section shall be self-executing.

Section 8-A. Rights of victims of crime.

That in criminal prosecutions, the victim shall beaccorded fairness, dignity and respect by the officers,employees and agents of the Commonwealth and itspolitical subdivisions and officers of the courts and, as theGeneral Assembly may define and provide by law, maybe accorded rights to reasonable and appropriate notice,information, restitution, protection, and access to a mean-ingful role in the criminal justice process. These rightsmay include, but not be limited to, the following:

1. The right to protection from further harm orreprisal through the imposition of appropriatebail and conditions of release;

2. The right to be treated with respect, dignity andfairness at all stages of the criminal justice sys-tem;

3. The right to address the circuit court at the timesentence is imposed;

4. The right to receive timely notification of judicialproceedings;

5. The right to restitution;

6. The right to be advised of release from custody orescape of the offender, whether before or afterdisposition; and

7. The right to confer with the prosecution.

This section does not confer upon any person a rightto appeal or modify any decision in a criminal proceed-ing, does not abridge any other right guaranteed by theConstitution of the United States or this Constitution, anddoes not create any cause of action for compensation ordamages against the Commonwealth or any of its politi-cal subdivisions, any officer, employee or agent of theCommonwealth or any of its political subdivisions, orany officer of the court.

The amendment ratified November 5, 1996 and effectiveJanuary 1, 1997—Added a new section (8-A).

Section 9. Prohibition of excessive bail and fines,cruel and unusual punishment, suspension of habeascorpus, bills of attainder, and ex post facto laws.

That excessive bail ought not to be required, norexcessive fines imposed, nor cruel and unusual punish-ments inflicted; that the privilege of the writ of habeascorpus shall not be suspended unless when, in cases ofinvasion or rebellion, the public safety may require; andthat the General Assembly shall not pass any bill ofattainder, or any ex post facto law.

Section 10. General warrants of search or seizureprohibited.

That general warrants, whereby an officer or messen-ger may be commanded to search suspected places with-out evidence of a fact committed, or to seize any personor persons not named, or whose offense is not particu-larly described and supported by evidence, are grievousand oppressive, and ought not to be granted.

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Section 11. Due process of law; obligation of con-tracts; taking of private property; prohibited discrimi-nation; jury trial in civil cases.

That no person shall be deprived of his life, liberty, orproperty without due process of law; that the GeneralAssembly shall not pass any law impairing the obligationof contracts, nor any law whereby private property shallbe taken or damaged for public uses, without just com-pensation, the term “public uses” to be defined by theGeneral Assembly; and that the right to be free from anygovernmental discrimination upon the basis of religiousconviction, race, color, sex, or national origin shall not beabridged, except that the mere separation of the sexesshall not be considered discrimination.

That in controversies respecting property, and insuits between man and man, trial by jury is preferable toany other, and ought to be held sacred. The GeneralAssembly may limit the number of jurors for civil cases incourts of record to not less than five.

Section 12. Freedom of speech and of the press;right peaceably to assemble, and to petition.

That the freedoms of speech and of the press areamong the great bulwarks of liberty, and can never berestrained except by despotic governments; that anycitizen may freely speak, write, and publish his senti-ments on all subjects, being responsible for the abuse ofthat right; that the General Assembly shall not pass anylaw abridging the freedom of speech or of the press, northe right of the people peaceably to assemble, and topetition the government for the redress of grievances.

Section 13. Militia; standing armies; military sub-ordinate to civil power.

That a well regulated militia, composed of the bodyof the people, trained to arms, is the proper, natural, andsafe defense of a free state, therefore, the right of thepeople to keep and bear arms shall not be infringed; thatstanding armies, in time of peace, should be avoided asdangerous to liberty; and that in all cases the militaryshould be under strict subordination to, and governedby, the civil power.

Section 14. Government should be uniform.

That the people have a right to uniform government;and, therefore, that no government separate from, orindependent of, the government of Virginia, ought to beerected or established within the limits thereof.

Section 15. Qualities necessary to preservation offree government.

That no free government, nor the blessings of liberty,can be preserved to any people, but by a firm adherenceto justice, moderation, temperance, frugality, and virtue;by frequent recurrence to fundamental principles; and bythe recognition by all citizens that they have duties aswell as rights, and that such rights cannot be enjoyed savein a society where law is respected and due process isobserved.

That free government rests, as does all progress,upon the broadest possible diffusion of knowledge, andthat the Commonwealth should avail itself of those tal-ents which nature has sown so liberally among its peopleby assuring the opportunity for their fullest developmentby an effective system of education throughout the Com-monwealth.

Section 16. Free exercise of religion; no establish-ment of religion.

That religion or the duty which we owe to our Cre-ator, and the manner of discharging it, can be directedonly by reason and conviction, not by force or violence;and, therefore, all men are equally entitled to the freeexercise of religion, according to the dictates of con-science; and that it is the mutual duty of all to practiceChristian forbearance, love, and charity towards eachother. No man shall be compelled to frequent or supportany religious worship, place, or ministry whatsoever, norshall be enforced, restrained, molested, or burthened inhis body or goods, nor shall otherwise suffer on accountof his religious opinions or belief; but all men shall be freeto profess and by argument to maintain their opinions inmatters of religion, and the same shall in nowise dimin-ish, enlarge, or affect their civil capacities. And theGeneral Assembly shall not prescribe any religious testwhatever, or confer any peculiar privileges or advan-

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tages on any sect or denomination, or pass any lawrequiring or authorizing any religious society, or thepeople of any district within this Commonwealth, to levyon themselves or others, any tax for the erection or repairof any house of public worship, or for the support of anychurch or ministry; but it shall be left free to every personto select his religious instructor, and to make for hissupport such private contract as he shall please.

Section 17. Construction of the Bill of Rights.

The rights enumerated in this Bill of Rights shall notbe construed to limit other rights of the people not thereinexpressed.

ARTICLE II — Franchise and Officers

Section 1. Qualifications of voters.

In elections by the people, the qualifications of votersshall be as follows: Each voter shall be a citizen of theUnited States, shall be eighteen years of age, shall fulfillthe residence requirements set forth in this section, andshall be registered to vote pursuant to this article. Noperson who has been convicted of a felony shall bequalified to vote unless his civil rights have been restoredby the Governor or other appropriate authority. Asprescribed by law, no person adjudicated to be mentallyincompetent shall be qualified to vote until his compe-tency has been reestablished.

The residence requirements shall be that each votershall be a resident of the Commonwealth and of theprecinct where he votes. Residence, for all purposes ofqualification to vote, requires both domicile and a placeof abode. The General Assembly may provide for personswho are employed overseas, and their spouses and de-pendents residing with them, and who are qualified tovote except for relinquishing their place of abode in theCommonwealth while overseas, to vote in the Common-wealth subject to conditions and time limits defined bylaw. The General Assembly may provide for personswho are qualified to vote except for having moved theirresidence from one precinct to another within the Com-monwealth to continue to vote in a former precinct sub-ject to conditions and time limits defined by law. The

General Assembly may also provide, in elections forPresident and Vice-President of the United States, alter-natives to registration for new residents of the Common-wealth.

Any person who will be qualified with respect to ageto vote at the next general election shall be permitted toregister in advance and also to vote in any interveningprimary or special election.

The amendment ratified November 7, 1972 and effectiveJanuary 1, 1973 — In paragraph one, the voting age, formerly“twenty-one”, was reduced to “eighteen”.

The amendment ratified November 2, 1976 and effectiveJanuary 1, 1977 — In paragraph two, substituted “be” for“have been” and removed the durational residency requirementof “six months” in the Commonwealth and “thirty days” in theprecinct in the first sentence. The second sentence removed thelanguage “fewer than thirty days prior to an election” and afterthe word “may” added the language “in the following Novem-ber general election and (in any) intervening”. In the lastsentence of the paragraph the less than six months residencyrequirement for presidential elections was removed to conformwith the first sentence.

The amendment ratified November 5, 1996 and effectiveJanuary 1, 1997 — In paragraph two, deleted the secondsentence: “A person who is qualified to vote except for havingmoved his residence from one precinct to another may in thefollowing November general election and in any interveningelection vote in the precinct from which he has moved.”, addeda next-to-the-last sentence: “The General Assembly mayprovide for persons who are qualified to vote . . .”, and added“also” preceding “provide” in the last sentence.

The amendment ratified November 3, 1998 and effectiveJanuary 1, 1999 — In paragraph two, added the third sentence:“The General Assembly may provide for persons who areemployed...”

Section 2. Registration of voters.

The General Assembly shall provide by law for theregistration of all persons otherwise qualified to votewho have met the residence requirements contained inthis article, and shall ensure that the opportunity toregister is made available. Registrations accomplished

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prior to the effective date of this section shall be effectivehereunder. The registration records shall not be closed tonew or transferred registrations more than thirty daysbefore the election in which they are to be used.

Applications to register shall require the applicant toprovide the following information on a standard form:full name; date of birth; residence address; social securitynumber, if any; whether the applicant is presently aUnited States citizen; and such additional information asmay be required by law. All applications to register shallbe completed by or at the direction of the applicant andsigned by the applicant, unless physically disabled. Nofee shall be charged to the applicant incident to an appli-cation to register.

Nothing in this article shall preclude the GeneralAssembly from requiring as a prerequisite to registrationto vote the ability of the applicant to read and complete inhis own handwriting the application to register.

The amendment ratified November 2, 1976 and effectiveJanuary 1, 1977 — In paragraph two, substituted “date ofresidence in the precinct” for “length of residence in theCommonwealth and in the precinct” and removed “time” ofany previous registrations to vote.

The amendment ratified November 2, 1982 and effectiveJanuary 1, 1983 — In paragraph two, after “maiden” added“and any other prior legal” and deleted “of a woman, ifmarried” and after “birth;” deleted “marital status; occupa-tion;”.

The amendment ratified November 8, 1994 and effectiveJanuary 1, 1995 — In paragraph two, after “to provide” deleted“under oath”, after “has been restored.” deleted “Except asotherwise provided in this Constitution,”, and after “shall becompleted” deleted “in person before the register and”.

The amendment ratified November 5, 1996 and effectiveJanuary 1, 1997 — In paragraph two, after “full name”, deleted“, including the maiden and any other prior legal name; age”,after “date”, deleted “and place”, added “residence address;”after “of birth;”, and substituted “and such additional informa-tion as may be required by law” for “address and place of abodeand date of residence in the precinct; place of any previousregistrations to vote; and whether the applicant has ever beenadjudicated to be mentally incompetent or convicted of a felony,

and if so, under what circumstances the applicant’s right tovote has been restored”.

Section 3. Method of voting.

In elections by the people, the following safeguardsshall be maintained: Voting shall be by ballot or bymachines for receiving, recording, and counting votescast. No ballot or list of candidates upon any votingmachine shall bear any distinguishing mark or symbol,other than words identifying political party affiliation;and their form, including the offices to be filled and thelisting of candidates or nominees, shall be as uniform asis practicable throughout the Commonwealth or smallergovernmental unit in which the election is held.

In elections other than primary elections, provisionshall be made whereby votes may be cast for personsother than the listed candidates or nominees. Secrecy incasting votes shall be maintained, except as provisionmay be made for assistance to handicapped voters, butthe ballot box or voting machine shall be kept in publicview and shall not be opened, nor the ballots canvassednor the votes counted, in secret. Votes may be cast inperson or by absentee ballot as provided by law.

The amendment ratified November 8, 1994 and effectiveJanuary 1, 1995 — In paragraph two, after “Votes may be cast”deleted “only in person, except as otherwise provided in thisarticle” and added “in person or by absentee ballot as providedby law”.

Section 4. Powers and duties of General Assembly.

The General Assembly shall establish a uniform sys-tem for permanent registration of voters pursuant to thisConstitution, including provisions for appeal by anyperson denied registration, correction of illegal or fraudu-lent registrations, penalties for illegal, fraudulent, or falseregistrations, proper transfer of all registered voters, andcancellation of registrations in other jurisdictions of per-sons who apply to register to vote in the Commonwealth.The General Assembly shall provide for maintenance ofaccurate and current registration records and may pro-vide for the cancellation of registrations for such purpose.

The General Assembly shall provide for the nomina-tion of candidates, shall regulate the time, place, manner,

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conduct, and administration of primary, general, andspecial elections, and shall have power to make any otherlaw regulating elections not inconsistent with this Con-stitution.

The amendment ratified November 8, 1994 and effectiveJanuary 1, 1995 — In paragraph one, after “fraudulent regis-trations,” added “penalties for illegal, fraudulent, or falseregistrations,” and replaced “shall provide for cancellation”with “may provide for the cancellation”. Deleted provision forcanceling a voter’s registration for not having voted for fouryears, allowing the General Assembly to revise laws for cancel-ing a person’s registration for not voting. Deleted a paragraphrelating to registration and voting by absentee application andballot for those in the armed forces or temporarily employed outof the country, and for other qualified voters. [The amendmentto this section ratified November 2, 1976 and effective January1, 1977 and the amendment to this section ratified November 4,1986 and effective July 1, 1987 were superseded by the 1994amendment.]

Section 5. Qualifications to hold elective office.

The only qualification to hold any office of the Com-monwealth or of its governmental units, elective by thepeople, shall be that a person must have been a residentof the Commonwealth for one year next preceding hiselection and be qualified to vote for that office, except asotherwise provided in this Constitution, and except that:

(a) the General Assembly may impose more restric-tive geographical residence requirements for elec-tion of its members, and may permit other gov-erning bodies in the Commonwealth to imposemore restrictive geographical residence require-ments for election to such governing bodies, butno such requirements shall impair equal repre-sentation of the persons entitled to vote;

(b) the General Assembly may provide that resi-dence in a local governmental unit is not re-quired for election to designated elective officesin local governments, other than membership inthe local governing body; and

(c) nothing in this Constitution shall limit the powerof the General Assembly to prevent conflict ofinterests, dual officeholding, or other incompat-

ible activities by elective or appointive officialsof the Commonwealth or of any political subdi-vision.

The amendment ratified November 2, 1976 and effectiveJanuary 1, 1977——In paragraph one, after “one year” addedthe language “next preceding his election”.

Section 6. Apportionment.

Members of the House of Representatives of theUnited States and members of the Senate and of theHouse of Delegates of the General Assembly shall beelected from electoral districts established by the GeneralAssembly. Every electoral district shall be composed ofcontiguous and compact territory and shall be so consti-tuted as to give, as nearly as is practicable, representationin proportion to the population of the district. TheGeneral Assembly shall reapportion the Commonwealthinto electoral districts in accordance with this section inthe year 1971 and every ten years thereafter.

Any such reapportionment law shall take effect im-mediately and not be subject to the limitations containedin Article IV, Section 13, of this Constitution.

Section 7. Oath or affirmation.

All officers elected or appointed under or pursuant tothis Constitution shall, before they enter on the perfor-mance of their public duties, severally take and subscribethe following oath or affirmation:

“I do solemnly swear (or affirm) that I will supportthe Constitution of the United States, and the Constitu-tion of the Commonwealth of Virginia, and that I willfaithfully and impartially discharge all the duties incum-bent upon me as ...................., according to the best of myability (so help me God).”

Section 8. Electoral boards; registrars and officersof election.

There shall be in each county and city an electoralboard composed of three members, selected as providedby law. In the appointment of the electoral boards,representation, as far as practicable, shall be given to eachof the two political parties which, at the general election

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next preceding their appointment, cast the highest andthe next highest number of votes. The present membersof such boards shall continue in office until the expirationof their respective terms; thereafter their successors shallbe appointed for the term of three years. Any vacancyoccurring in any board shall be filled by the same author-ity for the unexpired term.

Each electoral board shall appoint the officers ofelection and general registrar for its county or city. Inappointing such officers of election, representation, as faras practicable, shall be given to each of the two politicalparties which, at the general election next preceding theirappointment, cast the highest and next highest number ofvotes.

No person, nor the deputy of any person, who isemployed by or holds any office or post of profit oremolument, or who holds any elective office of profit ortrust, under the governments of the United States, theCommonwealth, or any county, city, or town, shall beappointed a member of the electoral board or generalregistrar. No person, nor the deputy or the employee ofany person, who holds any elective office of profit or trustunder the government of the United States, the Common-wealth, or any county, city, or town of the Common-wealth shall be appointed an assistant registrar or officerof election.

The amendment ratified November 4, 1986 and effectiveJanuary 1, 1987——In paragraph two, after “officers” deletedthe words “and registrars” and added “and general registrar”after “of election”. In paragraph three, after “the electoralboard or” added the word “general” before “registrar” anddeleted a reference to officer of election, and added the lastsentence: “No person, nor the deputy or the employee of anyperson . . .”.

Section 9. Privileges of voters during election.

No voter, during the time of holding any election atwhich he is entitled to vote, shall be compelled to performmilitary service, except in time of war or public danger,nor to attend any court as suitor, juror, or witness; norshall any such voter be subject to arrest under any civilprocess during his attendance at election or in going to orreturning therefrom.

ARTICLE III — Division of Powers

Section 1. Departments to be distinct.

The legislative, executive, and judicial departmentsshall be separate and distinct, so that none exercise thepowers properly belonging to the others, nor any personexercise the power of more than one of them at the sametime; provided, however, administrative agencies maybe created by the General Assembly with such authorityand duties as the General Assembly may prescribe. Pro-visions may be made for judicial review of any finding,order, or judgment of such administrative agencies.

ARTICLE IV — Legislature

Section 1. Legislative power.

The legislative power of the Commonwealth shall bevested in a General Assembly, which shall consist of aSenate and House of Delegates.

Section 2. Senate.

The Senate shall consist of not more than forty andnot less than thirty-three members, who shall be electedquadrennially by the voters of the several senatorialdistricts on the Tuesday succeeding the first Monday inNovember.

Section 3. House of Delegates.

The House of Delegates shall consist of not more thanone hundred and not less than ninety members, whoshall be elected biennially by the voters of the severalhouse districts on the Tuesday succeeding the first Mon-day in November.

Section 4. Qualifications of senators and delegates.

Any person may be elected to the Senate who, at thetime of the election, is twenty-one years of age, is aresident of the senatorial district which he is seeking torepresent, and is qualified to vote for members of theGeneral Assembly. Any person may be elected to theHouse of Delegates who, at the time of the election, is

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twenty-one years of age, is a resident of the house districtwhich he is seeking to represent, and is qualified to votefor members of the General Assembly. A senator ordelegate who moves his residence from the district forwhich he is elected shall thereby vacate his office.

No person holding a salaried office under the gov-ernment of the Commonwealth, and no judge of anycourt, attorney for the Commonwealth, sheriff, treasurer,assessor of taxes, commissioner of the revenue, collectorof taxes, or clerk of any court shall be a member of eitherhouse of the General Assembly during his continuance inoffice; and his qualification as a member shall vacate anysuch office held by him. No person holding any office orpost of profit or emolument under the United Statesgovernment, or who is in the employment of such gov-ernment, shall be eligible to either house.

Section 5. Compensation; election to civil office ofprofit.

The members of the General Assembly shall receivesuch salary and allowances as may be prescribed by law,but no increase in salary shall take effect for a givenmember until after the end of the term for which he waselected. No member during the term for which he shallhave been elected shall be elected by the General Assem-bly to any civil office of profit in the Commonwealth.

Section 6. Legislative sessions.

The General Assembly shall meet once each year onthe second Wednesday in January. Except as hereinprovided for reconvened sessions, no regular session ofthe General Assembly convened in an even-numberedyear shall continue longer than sixty days; no regularsession of the General Assembly convened in an odd-numbered year shall continue longer than thirty days;but with the concurrence of two-thirds of the memberselected to each house, any regular session may be ex-tended for a period not exceeding thirty days. Neitherhouse shall, without the consent of the other, adjourn toanother place, nor for more than three days.

The Governor may convene a special session of theGeneral Assembly when, in his opinion, the interest of theCommonwealth may require and shall convene a special

session upon the application of two-thirds of the mem-bers elected to each house.

The General Assembly shall reconvene on the sixthWednesday after adjournment of each regular or specialsession for the purpose of considering bills which mayhave been returned by the Governor with recommenda-tions for their amendment and bills and items of appro-priation bills which may have been returned by theGovernor with his objections. No other business shall beconsidered at a reconvened session. Such reconvenedsession shall not continue longer than three days unlessthe session be extended, for a period not exceeding sevenadditional days, upon the vote of the majority of themembers elected to each house.

The amendment ratified November 4, 1980 and effectiveJanuary 1, 1981——After the first sentence in the first para-graph added “Except as herein provided for reconvened ses-sions,”, and added a third paragraph “The General Assemblyshall reconvene on the sixth Wednesday . . .”.

Section 7. Organization of General Assembly.

The House of Delegates shall choose its own Speaker;and, in the absence of the Lieutenant Governor, or whenhe shall exercise the office of Governor, the Senate shallchoose from its own body a president pro tempore. Eachhouse shall select its officers and settle its rules of proce-dure. The houses may jointly provide for legislativecontinuity between sessions occurring during the termfor which members of the House of Delegates are elected.Each house may direct writs of election for supplyingvacancies which may occur during a session of the Gen-eral Assembly. If vacancies exist while the GeneralAssembly is not in session, such writs may be issued bythe Governor under such regulations as may be pre-scribed by law. Each house shall judge of the election,qualification, and returns of its members, may punishthem for disorderly behavior, and, with the concurrenceof two-thirds of its elected membership, may expel amember.

Section 8. Quorum.

A majority of the members elected to each house shallconstitute a quorum to do business, but a smaller number

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may adjourn from day to day and shall have power tocompel the attendance of members in such manner andunder such penalty as each house may prescribe. Asmaller number, not less than two-fifths of the electedmembership of each house, may meet and may, notwith-standing any other provision of this Constitution, enactlegislation if the Governor by proclamation declares thata quorum of the General Assembly cannot be convenedbecause of enemy attack upon the soil of Virginia. Suchlegislation shall remain effective only until thirty daysafter a quorum of the General Assembly can be convened.

Section 9. Immunity of legislators.

Members of the General Assembly shall, in all casesexcept treason, felony, or breach of the peace, be privi-leged from arrest during the sessions of their respectivehouses; and for any speech or debate in either house shallnot be questioned in any other place. They shall not besubject to arrest under any civil process during the ses-sions of the General Assembly, or during the fifteen daysbefore the beginning or after the ending of any session.

Section 10. Journal of proceedings.

Each house shall keep a journal of its proceedings,which shall be published from time to time. The vote ofeach member voting in each house on any question shall,at the desire of one-fifth of those present, be recorded inthe journal. On the final vote on any bill, and on the votein any election or impeachment conducted in the GeneralAssembly or on the expulsion of a member, the name ofeach member voting in each house and how he votedshall be recorded in the journal.

Section 11. Enactment of laws.

No law shall be enacted except by bill. A bill mayoriginate in either house, may be approved or rejected bythe other, or may be amended by either, with the concur-rence of the other.

No bill shall become a law unless, prior to its passage:

(a) it has been referred to a committee of each house,considered by such committee in session, andreported;

(b) it has been printed by the house in which itoriginated prior to its passage therein;

(c) it has been read by its title, or its title has beenprinted in a daily calendar, on three differentcalendar days in each house; and

(d) upon its final passage a vote has been takenthereon in each house, the name of each membervoting for and against recorded in the journal,and a majority of those voting in each house,which majority shall include at least two-fifths ofthe members elected to that house, recorded inthe affirmative.

Only in the manner required in subparagraph (d) ofthis section shall an amendment to a bill by one house beconcurred in by the other, or a conference report beadopted by either house, or either house discharge acommittee from the consideration of a bill and considerthe same as if reported. The printing and reading, oreither, required in subparagraphs (b) and (c) of thissection, may be dispensed with in a bill to codify the lawsof the Commonwealth, and in the case of an emergencyby a vote of four-fifths of the members voting in eachhouse, the name of each member voting and how hevoted to be recorded in the journal.

No bill which creates or establishes a new office, orwhich creates, continues, or revives a debt or charge, orwhich makes, continues, or revives any appropriation ofpublic or trust money or property, or which releases,discharges, or commutes any claim or demand of theCommonwealth, or which imposes, continues, or revivesa tax, shall be passed except by the affirmative vote of amajority of all the members elected to each house, thename of each member voting and how he voted to berecorded in the journal.

Every law imposing, continuing, or reviving a taxshall specifically state such tax. However, any law bywhich taxes are imposed may define or specify the subjectand provisions of such tax by reference to any provisionof the laws of the United States as those laws may be orbecome effective at any time or from time to time, andmay prescribe exceptions or modifications to any suchprovision.

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The presiding officer of each house or upon hisinability or failure to act a person designated by a major-ity of the members elected to each house shall, not laterthan three days after each bill is enrolled, sign each billthat has been passed by both houses and duly enrolled.The fact of signing shall be recorded in the journal.

The amendment ratified November 4, 1980 and effec-tive January 1, 1981——In the last paragraph substituted“or upon his inability or failure to act a person designatedby a majority of the members elected to each house shall,not later than three days after each bill is enrolled, signeach” for “shall, not later than twenty days after adjourn-ment, sign every”.

Section 12. Form of laws.

No law shall embrace more than one object, whichshall be expressed in its title. Nor shall any law be revivedor amended with reference to its title, but the act revivedor the section amended shall be reenacted and publishedat length.

Section 13. Effective date of laws.

All laws enacted at a regular session, including lawswhich are enacted by reason of actions taken during thereconvened session following a regular session, but ex-cluding a general appropriation law, shall take effect onthe first day of July following the adjournment of thesession of the General Assembly at which it has beenenacted; and all laws enacted at a special session, includ-ing laws which are enacted by reason of actions takenduring the reconvened session following a special ses-sion but excluding a general appropriation law, shall takeeffect on the first day of the fourth month following themonth of adjournment of the special session; unless in thecase of an emergency (which emergency shall be ex-pressed in the body of the bill) the General Assemblyshall specify an earlier date by a vote of four-fifths of themembers voting in each house, the name of each membervoting and how he voted to be recorded in the journal, orunless a subsequent date is specified in the body of the billor by general law.

The amendment ratified November 4, 1980 and effectiveJanuary 1, 1981 — Rewrote the section so that all laws enacted

at regular sessions and reconvened sessions which follow willtake effect on July 1 rather than on the first day of the fourthmonth following the month of adjournment, and all lawsenacted at special sessions and reconvened sessions whichfollow will take effect on the fourth month following the monthof adjournment, excluding the general appropriation laws.

Section 14. Powers of General Assembly; limita-tions.

The authority of the General Assembly shall extendto all subjects of legislation not herein forbidden or re-stricted; and a specific grant of authority in this Constitu-tion upon a subject shall not work a restriction of itsauthority upon the same or any other subject. The omis-sion in this Constitution of specific grants of authorityheretofore conferred shall not be construed to deprive theGeneral Assembly of such authority, or to indicate achange of policy in reference thereto, unless such pur-pose plainly appear.

The General Assembly shall confer on the courtspower to grant divorces, change the names of persons,and direct the sales of estates belonging to infants andother persons under legal disabilities, and shall not, byspecial legislation, grant relief in these or other cases ofwhich the courts or other tribunals may have jurisdiction.

The General Assembly may regulate the exercise bycourts of the right to punish for contempt.

The General Assembly’s power to define the accrualdate for a civil action based on an intentional tort commit-ted by a natural person against a person who, at the timeof the intentional tort, was a minor shall include thepower to provide for the retroactive application of achange in the accrual date. No natural person shall havea constitutionally protected property right to bar a causeof action based on intentional torts as described herein onthe ground that a change in the accrual date for the actionhas been applied retroactively or that a statute of limita-tions or statute of repose has expired.

The General Assembly shall not enact any local,special, or private law in the following cases:

(1) For the punishment of crime.

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(2) Providing a change of venue in civil or criminalcases.

(3) Regulating the practice in, or the jurisdiction of,or changing the rules of evidence in any judicialproceedings or inquiry before the courts or othertribunals, or providing or changing the methodsof collecting debts or enforcing judgments orprescribing the effect of judicial sales of realestate.

(4) Changing or locating county seats.

(5) For the assessment and collection of taxes, exceptas to animals which the General Assembly maydeem dangerous to the farming interests.

(6) Extending the time for the assessment or collec-tion of taxes.

(7) Exempting property from taxation.

(8) Remitting, releasing, postponing, or diminish-ing any obligation or liability of any person,corporation, or association to the Commonwealthor to any political subdivision thereof.

(9) Refunding money lawfully paid into the trea-sury of the Commonwealth or the treasury ofany political subdivision thereof.

(10) Granting from the treasury of the Common-wealth, or granting or authorizing to be grantedfrom the treasury of any political subdivisionthereof, any extra compensation to any publicofficer, servant, agent, or contractor.

(11) For registering voters, conducting elections, ordesignating the places of voting.

(12) Regulating labor, trade, mining, or manufactur-ing, or the rate of interest on money.

(13) Granting any pension.

(14) Creating, increasing, or decreasing, or authoriz-ing to be created, increased, or decreased, thesalaries, fees, percentages, or allowances of pub-

lic officers during the term for which they areelected or appointed.

(15) Declaring streams navigable, or authorizing theconstruction of booms or dams therein, or theremoval of obstructions therefrom.

(16) Affecting or regulating fencing or the bound-aries of land, or the running at large of stock.

(17) Creating private corporations, or amending, re-newing, or extending the charters thereof.

(18) Granting to any private corporation, association,or individual any special or exclusive right, privi-lege, or immunity.

(19) Naming or changing the name of any privatecorporation or association.

(20) Remitting the forfeiture of the charter of anyprivate corporation, except upon the conditionthat such corporation shall thereafter hold itscharter subject to the provisions of this Constitu-tion and the laws passed in pursuance thereof.

The General Assembly shall not grant a charter ofincorporation to any church or religious denomination,but may secure the title to church property to an extent tobe limited by law.

The amendment ratified November 8, 1994 and effectiveJanuary 1, 1995 — Added a new paragraph after paragraphthree.

Section 15. General laws.

In all cases enumerated in the preceding section, andin every other case which, in its judgment, may be pro-vided for by general laws, the General Assembly shallenact general laws. Any general law shall be subject toamendment or repeal, but the amendment or partialrepeal thereof shall not operate directly or indirectly toenact, and shall not have the effect of enactment of, aspecial, private, or local law.

No general or special law shall surrender or suspendthe right and power of the Commonwealth, or any politi-

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cal subdivision thereof, to tax corporations and corporateproperty, except as authorized by Article X. No privatecorporation, association, or individual shall be speciallyexempted from the operation of any general law, norshall a general law’s operation be suspended for thebenefit of any private corporation, association, or indi-vidual.

Section 16. Appropriations to religious or chari-table bodies.

The General Assembly shall not make any appro-priation of public funds, personal property, or real estateto any church or sectarian society, or any association orinstitution of any kind whatever which is entirely orpartly, directly or indirectly, controlled by any church orsectarian society. Nor shall the General Assembly makeany like appropriation to any charitable institution whichis not owned or controlled by the Commonwealth; theGeneral Assembly may, however, make appropriationsto nonsectarian institutions for the reform of youthfulcriminals and may also authorize counties, cities, ortowns to make such appropriations to any charitableinstitution or association.

Section 17. Impeachment.

The Governor, Lieutenant Governor, Attorney Gen-eral, judges, members of the State Corporation Commis-sion, and all officers appointed by the Governor or electedby the General Assembly, offending against the Com-monwealth by malfeasance in office, corruption, neglectof duty, or other high crime or misdemeanor may beimpeached by the House of Delegates and prosecutedbefore the Senate, which shall have the sole power to tryimpeachments. When sitting for that purpose, the sena-tors shall be on oath or affirmation, and no person shall beconvicted without the concurrence of two-thirds of thesenators present. Judgment in case of impeachment shallnot extend further than removal from office and disquali-fication to hold and enjoy any office of honor, trust, orprofit under the Commonwealth; but the person con-victed shall nevertheless be subject to indictment, trial,judgment, and punishment according to law. The Senatemay sit during the recess of the General Assembly for thetrial of impeachments.

Section 18. Auditor of Public Accounts.

An Auditor of Public Accounts shall be elected by thejoint vote of the two houses of the General Assembly forthe term of four years. His powers and duties shall beprescribed by law.

ARTICLE V — Executive

Section 1. Executive power; Governor’s term ofoffice.

The chief executive power of the Commonwealthshall be vested in a Governor. He shall hold office for aterm commencing upon his inauguration on the Satur-day after the second Wednesday in January, next suc-ceeding his election, and ending in the fourth year there-after immediately upon the inauguration of his succes-sor. He shall be ineligible to the same office for the termnext succeeding that for which he was elected, and to anyother office during his term of service.

Section 2. Election of Governor.

The Governor shall be elected by the qualified votersof the Commonwealth at the time and place of choosingmembers of the General Assembly. Returns of the elec-tion shall be transmitted, under seal, by the proper offic-ers, to the State Board of Elections, or such other officer oragency as may be designated by law, which shall causethe returns to be opened and the votes to be counted in themanner prescribed by law. The person having the high-est number of votes shall be declared elected; but if two ormore shall have the highest and an equal number ofvotes, one of them shall be chosen Governor by a majorityof the total membership of the General Assembly. Con-tested elections for Governor shall be decided by a likevote. The mode of proceeding in such cases shall beprescribed by law.

Section 3. Qualifications of Governor.

No person except a citizen of the United States shallbe eligible to the office of Governor; nor shall any personbe eligible to that office unless he shall have attained the

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age of thirty years and have been a resident of the Com-monwealth and a registered voter in the Commonwealthfor five years next preceding his election.

Section 4. Place of residence and compensation ofGovernor.

The Governor shall reside at the seat of government.He shall receive for his services a compensation to beprescribed by law, which shall neither be increased nordiminished during the period for which he shall havebeen elected. While in office he shall receive no otheremolument from this or any other government.

Section 5. Legislative responsibilities of Governor.

The Governor shall communicate to the GeneralAssembly, at every regular session, the condition of theCommonwealth, recommend to its consideration suchmeasures as he may deem expedient, and convene theGeneral Assembly on application of two-thirds of themembers elected to each house thereof, or when, in hisopinion, the interest of the Commonwealth may require.

Section 6. Presentation of bills; powers of Gover-nor; vetoes and amendments.

(a) Every bill which passes the Senate and House ofDelegates, before it becomes law, shall be pre-sented to the Governor.

(b) During a regular or special session, the Governorshall have seven days in which to act on the billafter it is presented to him and to exercise one ofthe three options set out below. If the Governordoes not act on the bill, it shall become lawwithout his signature.

(i) The Governor may sign the bill if he ap-proves it, and the bill shall become law.

(ii) The Governor may veto the bill if he objectsto it by returning the bill with his objectionsto the house in which the bill originated. Thehouse shall enter the objections in its journaland reconsider the bill. The house mayoverride the veto by a two-thirds vote of the

members present, which two-thirds shallinclude a majority of the members elected tothat house. If the house of origin overridesthe Governor’s veto, it shall send the bill andGovernor’s objections to the other housewhere the bill shall be reconsidered. Thesecond house may override the Governor’sveto by a two-thirds vote of the memberspresent, which two-thirds shall include amajority of the members elected to that house.If both houses override the Governor’s veto,the bill shall become law without his signa-ture. If either house fails to override theGovernor’s veto, the veto shall stand and thebill shall not become law.

(iii) The Governor may recommend one or morespecific and severable amendments to a billby returning it with his recommendation tothe house in which it originated. The houseshall enter the Governor’s recommendationin its journal and reconsider the bill. If bothhouses agree to the Governor’s entire recom-mendation, the bill, as amended, shall be-come law. Each house may agree to theGovernor’s amendments by a majority voteof the members present. If both houses agreeto the bill in the form originally sent to theGovernor by a two-thirds vote of all mem-bers present in each house, which two-thirdsshall include a majority of the memberselected to that house, the original bill shallbecome law. If the Governor sends downspecific and severable amendments then eachhouse may determine, in accordance with itsown procedures, whether to act on theGovernor’s amendments en bloc or indi-vidually, or any combination thereof. If thehouse of origin agrees to one or more of theGovernor’s amendments, it shall send thebill and the entire recommendation to theother house. The second house may alsoagree to one or more of the Governor’samendments. If either house fails to agree tothe Governor’s entire recommendation orfails to agree to at least one of the Governor’samendments agreed to by the other house,

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the bill, as originally presented to the Gover-nor, shall be returned to the Governor. Ifboth houses agree to one or more amend-ments but not to the entire recommendationof the Governor, the bill shall be reenrolledwith the Governor’s amendments agreed toby both houses and shall be returned to theGovernor. If the Governor fails to senddown specific and severable amendments asdetermined by the majority vote of the mem-bers present in either house, then the billshall be before that house, in the form origi-nally sent to the Governor and may be actedupon in accordance with Article IV, Section11 of this Constitution and returned to theGovernor. The Governor shall either sign orveto a bill returned as provided in this sub-section or, if there are fewer than seven daysremaining in the session, as provided insubsection (c).

(c) When there are fewer than seven days remainingin the regular or special session from the date abill is presented to the Governor and the GeneralAssembly adjourns to a reconvened session, theGovernor shall have thirty days from the date ofadjournment of the regular or special session inwhich to act on the bills presented to him and toexercise one of the three options set out below. Ifthe Governor does not act on any bill, it shallbecome law without his signature.

(i) The Governor may sign the bill if he ap-proves it, and the bill shall become law.

(ii) The Governor may veto the bill if he objectsto it by returning the bill with his objectionsto the house in which the bill originated. Thesame procedures for overriding his veto areapplicable as stated in subsection (b) for billsvetoed during the session.

(iii) The Governor may recommend one or morespecific and severable amendments to a billby returning it with his recommendation tothe house in which it originated. The sameprocedures for considering his recommen-

dation are applicable as stated in subsection(b) (iii) for bills returned with his recommen-dation. The Governor shall either sign orveto a bill returned to him from a recon-vened session. If the Governor vetoes thebill, the veto shall stand and the bill shall notbecome law. If the Governor does not act onthe bill within thirty days after the adjourn-ment of the reconvened session, the bill shallbecome law without his signature.

(d) The Governor shall have the power to veto anyparticular item or items of an appropriation bill,but the veto shall not affect the item or items towhich he does not object. The item or itemsobjected to shall not take effect except in themanner provided in this section for a bill vetoedby the Governor.

(e) In all cases set forth above, the names of themembers voting for and against the bill, theamendment or amendments to the bill, or theitem or items of an appropriation bill shall beentered on the journal of each house.

The amendment ratified November 8, 1994 and effectiveJanuary 1, 1995 — Rewrote the section to provide that theGovernor may offer only one set of amendments to any bill, torequire the Governor to take action to veto a bill, to allow theGeneral Assembly to sever the Governor’s amendments, actingon them individually or en bloc, and to allow the GeneralAssembly to propose its own amendments if it determines theGovernor’s amendments are not severable. [The amendment tothis section ratified November 4, 1980 and effective January 1,1981 was superseded by the 1994 amendment.]

Section 7. Executive and administrative powers.

The Governor shall take care that the laws be faith-fully executed.

The Governor shall be commander-in-chief of thearmed forces of the Commonwealth and shall have powerto embody such forces to repel invasion, suppress insur-rection, and enforce the execution of the laws.

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The Governor shall conduct, either in person or insuch manner as shall be prescribed by law, all intercoursewith other and foreign states.

The Governor shall have power to fill vacancies in alloffices of the Commonwealth for the filling of which theConstitution and laws make no other provision. If suchoffice be one filled by the election of the people, theappointee shall hold office until the next general election,and thereafter until his successor qualifies, according tolaw. The General Assembly shall, if it is in session, fillvacancies in all offices which are filled by election by thatbody.

Gubernatorial appointments to fill vacancies in of-fices which are filled by election by the General Assemblyor by appointment by the Governor which is subject toconfirmation by the Senate or the General Assembly,made during the recess of the General Assembly, shallexpire at the end of thirty days after the commencementof the next session of the General Assembly.

Section 8. Information from administrative offic-ers.

The Governor may require information in writing,under oath, from any officer of any executive or admin-istrative department, office, or agency, or any publicinstitution upon any subject relating to their respectivedepartments, offices, agencies, or public institutions; andhe may inspect at any time their official books, accounts,and vouchers, and ascertain the conditions of the publicfunds in their charge, and in that connection may employaccountants. He may require the opinion in writing of theAttorney General upon any question of law affecting theofficial duties of the Governor.

Section 9. Administrative organization.

The functions, powers, and duties of the administra-tive departments and divisions and of the agencies of theCommonwealth within the legislative and executivebranches may be prescribed by law.

Section 10. Appointment and removal of adminis-trative officers.

Except as may be otherwise provided in this Consti-tution, the Governor shall appoint each officer serving asthe head of an administrative department or division ofthe executive branch of the government, subject to suchconfirmation as the General Assembly may prescribe.Each officer appointed by the Governor pursuant to thissection shall have such professional qualifications as maybe prescribed by law and shall serve at the pleasure of theGovernor.

Section 11. Effect of refusal of General Assembly toconfirm an appointment by the Governor.

No person appointed to any office by the Governor,whose appointment is subject to confirmation by theGeneral Assembly, under the provisions of this Constitu-tion or any statute, shall enter upon, or continue in, officeafter the General Assembly shall have refused to confirmhis appointment, nor shall such person be eligible forreappointment during the recess of the General Assem-bly to fill the vacancy caused by such refusal to confirm.

Section 12. Executive clemency.

The Governor shall have power to remit fines andpenalties under such rules and regulations as may beprescribed by law; to grant reprieves and pardons afterconviction except when the prosecution has been carriedon by the House of Delegates; to remove political disabili-ties consequent upon conviction for offenses committedprior or subsequent to the adoption of this Constitution;and to commute capital punishment.

He shall communicate to the General Assembly, ateach regular session, particulars of every case of fine orpenalty remitted, of reprieve or pardon granted, and ofpunishment commuted, with his reasons for remitting,granting, or commuting the same.

Section 13. Lieutenant Governor; election and quali-fications.

A Lieutenant Governor shall be elected at the sametime and for the same term as the Governor, and hisqualifications and the manner and ascertainment of hiselection, in all respects, shall be the same, except thatthere shall be no limit on the terms of the LieutenantGovernor.

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Section 14. Duties and compensation of LieutenantGovernor.

The Lieutenant Governor shall be President of theSenate but shall have no vote except in case of an equaldivision. He shall receive for his services a compensationto be prescribed by law, which shall not be increased nordiminished during the period for which he shall havebeen elected.

Section 15. Attorney General.

An Attorney General shall be elected by the qualifiedvoters of the Commonwealth at the same time and for thesame term as the Governor; and the fact of his electionshall be ascertained in the same manner. No person shallbe eligible for election or appointment to the office ofAttorney General unless he is a citizen of the UnitedStates, has attained the age of thirty years, and has thequalifications required for a judge of a court of record. Heshall perform such duties and receive such compensationas may be prescribed by law, which compensation shallneither be increased nor diminished during the periodfor which he shall have been elected. There shall be nolimit on the terms of the Attorney General.

Section 16. Succession to the office of Governor.

When the Governor-elect is disqualified, resigns, ordies following his election but prior to taking office, theLieutenant Governor-elect shall succeed to the office ofGovernor for the full term. When the Governor-elect failsto assume office for any other reason, the LieutenantGovernor-elect shall serve as Acting Governor.

Whenever the Governor transmits to the Presidentpro tempore of the Senate and the Speaker of the Houseof Delegates his written declaration that he is unable todischarge the powers and duties of his office and until hetransmits to them a written declaration to the contrary,such powers and duties shall be discharged by the Lieu-tenant Governor as Acting Governor.

Whenever the Attorney General, the President protempore of the Senate, and the Speaker of the House ofDelegates, or a majority of the total membership of theGeneral Assembly, transmit to the Clerk of the Senate andthe Clerk of the House of Delegates their written declara-

tion that the Governor is unable to discharge the powersand duties of his office, the Lieutenant Governor shallimmediately assume the powers and duties of the officeas Acting Governor.

Thereafter, when the Governor transmits to the Clerkof the Senate and the Clerk of the House of Delegates hiswritten declaration that no inability exists, he shall re-sume the powers and duties of his office unless theAttorney General, the President pro tempore of the Sen-ate, and the Speaker of the House of Delegates, or amajority of the total membership of the General Assem-bly, transmit within four days to the Clerk of the Senateand the Clerk of the House of Delegates their writtendeclaration that the Governor is unable to discharge thepowers and duties of his office. Thereupon the GeneralAssembly shall decide the issue, convening within forty-eight hours for that purpose if not already in session. Ifwithin twenty-one days after receipt of the latter declara-tion or, if the General Assembly is not in session, withintwenty-one days after the General Assembly is requiredto convene, the General Assembly determines by three-fourths vote of the elected membership of each house ofthe General Assembly that the Governor is unable todischarge the powers and duties of his office, the Lieuten-ant Governor shall become Governor; otherwise, theGovernor shall resume the powers and duties of hisoffice.

In the case of the removal of the Governor from officeor in the case of his disqualification, death, or resignation,the Lieutenant Governor shall become Governor.

If a vacancy exists in the office of Lieutenant Gover-nor when the Lieutenant Governor is to succeed to theoffice of Governor or to serve as Acting Governor, theAttorney General, if he is eligible to serve as Governor,shall succeed to the office of Governor for the unexpiredterm or serve as Acting Governor. If the Attorney Generalis ineligible to serve as Governor, the Speaker of theHouse of Delegates, if he is eligible to serve as Governor,shall succeed to the office of Governor for the unexpiredterm or serve as Acting Governor. If a vacancy exists inthe office of the Speaker of the House of Delegates or if theSpeaker of the House of Delegates is ineligible to serve asGovernor, the House of Delegates shall convene and fillthe vacancy.

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Section 17. Commissions and grants.

Commissions and grants shall run in the name of theCommonwealth of Virginia, and be attested by the Gov-ernor, with the seal of the Commonwealth annexed.

ARTICLE VI — Judiciary

Section 1. Judicial power; jurisdiction.

The judicial power of the Commonwealth shall bevested in a Supreme Court and in such other courts oforiginal or appellate jurisdiction subordinate to the Su-preme Court as the General Assembly may from time totime establish. Trial courts of general jurisdiction, appel-late courts, and such other courts as shall be so designatedby the General Assembly shall be known as courts ofrecord.

The Supreme Court shall, by virtue of this Constitu-tion, have original jurisdiction in cases of habeas corpus,mandamus, and prohibition, in matters of judicial cen-sure, retirement, and removal under Section 10 of thisarticle, and to answer questions of state law certified bya court of the United States or the highest appellate courtof any other state. All other jurisdiction of the SupremeCourt shall be appellate. Subject to such reasonable rulesas may be prescribed as to the course of appeals and otherprocedural matters, the Supreme Court shall, by virtue ofthis

Constitution, have appellate jurisdiction in cases in-volving the constitutionality of a law under this Constitu-tion or the Constitution of the United States and in casesinvolving the life or liberty of any person.

The General Assembly may allow the Common-wealth the right to appeal in all cases, including thoseinvolving the life or liberty of a person, provided suchappeal would not otherwise violate this Constitution orthe Constitution of the United States.

Subject to the foregoing limitations, the General As-sembly shall have the power to determine the originaland appellate jurisdiction of the courts of the Common-wealth.

The amendment ratified November 4, 1986 and effectiveDecember 1, 1986——In paragraph two, after “mandamus,and prohibition” deleted “and” and added to the sentence “, andto answer questions of state law certified by a court of theUnited States . . .”.

The amendment ratified November 4, 1986 and effectiveDecember 1, 1986——In paragraph three, after “relating to theState revenue.” added the last sentence “The General Assemblymay also allow the Commonwealth . . .”.

The amendment ratified November 5, 1996 and effectiveJanuary 1, 1997——Deleted the third paragraph: “No appealshall be allowed to the Commonwealth . . .” and added a next-to-the-last paragraph: “The General Assembly may allow theCommonwealth . . .”.

Section 2. Supreme Court.

The Supreme Court shall consist of seven justices.The General Assembly may, if three-fifths of the electedmembership of each house so vote at two successiveregular sessions, increase or decrease the number ofjustices of the Court, provided that the Court shall consistof no fewer than seven and no more than eleven justices.The Court may sit and render final judgment en banc orin divisions as may be prescribed by law. No decisionshall become the judgment of the Court, however, excepton the concurrence of at least three justices, and no lawshall be declared unconstitutional under either this Con-stitution or the Constitution of the United States excepton the concurrence of at least a majority of all justices ofthe Supreme Court.

Section 3. Selection of Chief Justice.

The Chief Justice shall be selected from among thejustices in a manner provided by law.

Section 4. Administration of the judicial system.

The Chief Justice of the Supreme Court shall be theadministrative head of the judicial system. He may tem-porarily assign any judge of a court of record to any othercourt of record except the Supreme Court and may assigna retired judge of a court of record, with his consent, toany court of record except the Supreme Court. The Gen-eral Assembly may adopt such additional measures as it

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deems desirable for the improvement of the administra-tion of justice by the courts and for the expedition ofjudicial business.

Section 5. Rules of practice and procedure.

The Supreme Court shall have the authority to makerules governing the course of appeals and the practiceand procedures to be used in the courts of the Common-wealth, but such rules shall not be in conflict with thegeneral law as the same shall, from time to time, beestablished by the General Assembly.

Section 6. Opinions and judgments of the SupremeCourt.

When a judgment or decree is reversed, modified, oraffirmed by the Supreme Court, or when original casesare resolved on their merits, the reasons for the Court’saction shall be stated in writing and preserved with therecord of the case. The Court may, but need not, remanda case for a new trial. In any civil case, it may enter finaljudgment, except that the award in a suit or action forunliquidated damages shall not be increased or dimin-ished.

Section 7. Selection and qualification of judges.

The justices of the Supreme Court shall be chosen bythe vote of a majority of the members elected to eachhouse of the General Assembly for terms of twelve years.The judges of all other courts of record shall be chosen bythe vote of a majority of the members elected to eachhouse of the General Assembly for terms of eight years.During any vacancy which may exist while the GeneralAssembly is not in session, the Governor may appoint asuccessor to serve until thirty days after the commence-ment of the next session of the General Assembly. Uponelection by the General Assembly, a new justice or judgeshall begin service of a full term.

All justices of the Supreme Court and all judges ofother courts of record shall be residents of the Common-wealth and shall, at least five years prior to their appoint-ment or election, have been admitted to the bar of theCommonwealth. Each judge of a trial court of record shallduring his term of office reside within the jurisdiction of

one of the courts to which he was appointed or elected;provided, however, that where the boundary of suchjurisdiction is changed by annexation or otherwise, nojudge thereof shall thereby become disqualified fromoffice or ineligible for reelection if, except for such annex-ation or change, he would otherwise be qualified.

Section 8. Additional judicial personnel.

The General Assembly may provide for additionaljudicial personnel, such as judges of courts not of recordand magistrates or justices of the peace, and may pre-scribe their jurisdiction and provide the manner in whichthey shall be selected and the terms for which they shallserve.

The General Assembly may confer upon the clerks ofthe several courts having probate jurisdiction, jurisdic-tion of the probate of wills and of the appointment andqualification of guardians, personal representatives, cu-rators, appraisers, and committees of persons adjudgedinsane or convicted of felony, and in the matter of thesubstitution of trustees.

Section 9. Commission; compensation; retirement.

All justices of the Supreme Court and all judges ofother courts of record shall be commissioned by theGovernor. They shall receive such salaries and allow-ances as shall be prescribed by the General Assembly,which shall be apportioned between the Commonwealthand its cities and counties in the manner provided by law.Unless expressly prohibited or limited by the GeneralAssembly, cities and counties shall be permitted to supple-ment from local funds the salaries of any judges servingwithin their geographical boundaries. The salary of anyjustice or judge shall not be diminished during his term ofoffice.

The General Assembly may enact such laws as itdeems necessary for the retirement of justices and judges,with such conditions, compensation, and duties as it mayprescribe. The General Assembly may also provide forthe mandatory retirement of justices and judges afterthey reach a prescribed age, beyond which they shall notserve, regardless of the term to which elected or ap-pointed.

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Section 10. Disabled and unfit judges.

The General Assembly shall create a Judicial Inquiryand Review Commission consisting of members of thejudiciary, the bar, and the public and vested with thepower to investigate charges which would be the basisfor retirement, censure, or removal of a judge. TheCommission shall be authorized to conduct hearings andto subpoena witnesses and documents. Proceedings anddocuments before the Commission may be confidentialas provided by the General Assembly in general law.

If the Commission finds the charges to be well-founded, it may file a formal complaint before the Su-preme Court.

Upon the filing of a complaint, the Supreme Courtshall conduct a hearing in open court and, upon a findingof disability which is or is likely to be permanent andwhich seriously interferes with the performance by thejudge of his duties, shall retire the judge from office. Ajudge retired under this authority shall be considered forthe purpose of retirement benefits to have retired volun-tarily.

If the Supreme Court after the hearing on the com-plaint finds that the judge has engaged in misconductwhile in office, or that he has persistently failed to per-form the duties of his office, or that he has engaged inconduct prejudicial to the proper administration of jus-tice, it shall censure him or shall remove him from office.A judge removed under this authority shall not be en-titled to retirement benefits, but only to the return ofcontributions made by him, together with any incomeaccrued thereon.

This section shall apply to justices of the SupremeCourt, to judges of other courts of record, and to membersof the State Corporation Commission. The General As-sembly also may provide by general law for the retire-ment, censure, or removal of judges of any court not ofrecord, or other personnel exercising judicial functions.

The amendment ratified November 3, 1998 and effectiveJanuary 1, 1999——In paragraph one, third sentence, after“Proceedings”, added “and documents”, and substituted “Com-mission may be confidential as provided by the General Assem-bly in general law” for “Commission shall be confidential”.

Section 11. Incompatible activities.

No justice or judge of a court of record shall, duringhis continuance in office, engage in the practice of lawwithin or without the Commonwealth, or seek or acceptany nonjudicial elective office, or hold any other office ofpublic trust, or engage in any other incompatible activity.

Section 12. Limitation; judicial appointment.

No judge shall be granted the power to make anyappointment of any local governmental official electedby the voters except to fill a vacancy in office pending thenext ensuing general election or, if the vacancy occurswithin one hundred twenty days prior to such election,pending the second ensuing general election, unless suchelection falls within sixty days of the end of the term of theoffice to be filled.

The amendment ratified November 2, 1976 and effectiveJanuary 1, 1977——At the end of the section, after the word“election” added the language “, unless such election fallswithin sixty days of the end of the term of the office to be filled”.

ARTICLE VII — Local Government

Section 1. Definitions.

As used in this article (1) “county” means any exist-ing county or any such unit hereafter created, (2) “city”means an independent incorporated community whichbecame a city as provided by law before noon on the firstday of July, nineteen hundred seventy-one, or which haswithin defined boundaries a population of 5,000 or moreand which has become a city as provided by law, (3)“town” means any existing town or an incorporatedcommunity within one or more counties which became atown before noon, July one, nineteen hundred seventy-one, as provided by law or which has within definedboundaries a population of 1,000 or more and which hasbecome a town as provided by law, (4) “regional govern-ment” means a unit of general government organized asprovided by law within defined boundaries, as deter-mined by the General Assembly, (5) “general law” meansa law which on its effective date applies alike to allcounties, cities, towns, or regional governments or to a

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reasonable classification thereof, and (6) “special act”means a law applicable to a county, city, town, or regionalgovernment and for enactment shall require an affirma-tive vote of two-thirds of the members elected to eachhouse of the General Assembly.

The General Assembly may increase by general lawthe population minima provided in this article for citiesand towns. Any county which on the effective date of thisConstitution had adopted an optional form of govern-ment pursuant to a valid statute that does not meet thegeneral law requirements of this article may continue itsform of government without regard to such general lawrequirements until it adopts a form of government pro-vided in conformity with this article. In this article, when-ever the General Assembly is authorized or required toact by general law, no special act for that purpose shall bevalid unless this article so provides.

The amendment ratified November 7, 1972 — Addedlanguage to the definition of city in (2) to include thosecommunities which became cities before July 1, 1971. Addedlanguage to the definition of town in (3) to include thosecommunities which became towns before July 1, 1971.

Section 2. Organization and government.

The General Assembly shall provide by general lawfor the organization, government, powers, change ofboundaries, consolidation, and dissolution of counties,cities, towns, and regional governments. The GeneralAssembly may also provide by general law optionalplans of government for counties, cities, or towns to beeffective if approved by a majority vote of the qualifiedvoters voting on any such plan in any such county, city,or town.

The General Assembly may also provide by specialact for the organization, government, and powers of anycounty, city, town, or regional government, includingsuch powers of legislation, taxation, and assessment asthe General Assembly may determine, but no such spe-cial act shall be adopted which provides for the extensionor contraction of boundaries of any county, city, or town.

Every law providing for the organization of a re-gional government shall, in addition to any other require-

ments imposed by the General Assembly, require theapproval of the organization of the regional governmentby a majority vote of the qualified voters voting thereonin each county and city which is to participate in theregional government and of the voters voting thereon ina part of a county or city where only the part is toparticipate.

Section 3. Powers.

The General Assembly may provide by general lawor special act that any county, city, town, or other unit ofgovernment may exercise any of its powers or performany of its functions and may participate in the financingthereof jointly or in cooperation with the Commonwealthor any other unit of government within or without theCommonwealth. The General Assembly may provide bygeneral law or special act for transfer to or sharing with aregional government of any services, functions, and re-lated facilities of any county, city, town, or other unit ofgovernment within the boundaries of such regional gov-ernment.

Section 4. County and city officers.

There shall be elected by the qualified voters of eachcounty and city a treasurer, a sheriff, an attorney for theCommonwealth, a clerk, who shall be clerk of the court inthe office of which deeds are recorded, and a commis-sioner of revenue. The duties and compensation of suchofficers shall be prescribed by general law or special act.

Regular elections for such officers shall be held onTuesday after the first Monday in November. Such offic-ers shall take office on the first day of the followingJanuary unless otherwise provided by law and shall holdtheir respective offices for the term of four years, exceptthat the clerk shall hold office for eight years.

The General Assembly may provide for county orcity officers or methods of their selection, including per-mission for two or more units of government to share theofficers required by this section, without regard to theprovisions of this section, either (1) by general law tobecome effective in any county or city when submitted tothe qualified voters thereof in an election held for suchpurpose and approved by a majority of those voting

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thereon in each such county or city, or (2) by special actupon the request, made after such an election, of eachcounty or city affected. No such law shall reduce the termof any person holding an office at the time the election isheld. A county or city not required to have or to elect suchofficers prior to the effective date of this Constitutionshall not be so required by this section.

The General Assembly may provide by general lawor special act for additional officers and for the terms oftheir office.

Section 5. County, city, and town governing bodies.

The governing body of each county, city, or townshall be elected by the qualified voters of such county,city, or town in the manner provided by law.

If the members are elected by district, the districtshall be composed of contiguous and compact territoryand shall be so constituted as to give, as nearly as ispracticable, representation in proportion to the popula-tion of the district. When members are so elected bydistrict, the governing body of any county, city, or townmay, in a manner provided by law, increase or diminishthe number, and change the boundaries, of districts, andshall in 1971 and every ten years thereafter, and alsowhenever the boundaries of such districts are changed,reapportion the representation in the governing bodyamong the districts in a manner provided by law. When-ever the governing body of any such unit shall fail toperform the duties so prescribed in the manner hereindirected, a suit shall lie on behalf of any citizen thereof tocompel performance by the governing body.

Unless otherwise provided by law, the governingbody of each city or town shall be elected on the secondTuesday in June and take office on the first day of thefollowing September. Unless otherwise provided by law,the governing body of each county shall be elected on theTuesday after the first Monday in November and takeoffice on the first day of the following January.

Section 6. Multiple offices.

Unless two or more units exercise functions jointly asauthorized in Sections 3 and 4, no person shall at the same

time hold more than one office mentioned in this article.No member of a governing body shall be eligible, duringthe term of office for which he was elected or appointed,to hold any office filled by the governing body by electionor appointment, except that a member of a governingbody may be named a member of such other boards,commissions, and bodies as may be permitted by generallaw and except that a member of a governing body maybe elected or appointed to fill a vacancy in the office ofmayor or board chairman if permitted by general law orspecial act.

The amendment ratified November 6, 1984 and effectiveJanuary 1, 1985 —After “as may be permitted by general law”added “and except that a member of a governing body may beelected or appointed to fill a vacancy in the office of mayor orboard chairman if permitted by general law or special act”.

Section 7. Procedures.

No ordinance or resolution appropriating moneyexceeding the sum of five hundred dollars, imposingtaxes, or authorizing the borrowing of money shall bepassed except by a recorded affirmative vote of a majorityof all members elected to the governing body. In case ofthe veto of such an ordinance or resolution, where thepower of veto exists, it shall require for passage thereaftera recorded affirmative vote of two-thirds of all memberselected to the governing body.

On final vote on any ordinance or resolution, thename of each member voting and how he voted shall berecorded.

Section 8. Consent to use public property.

No street railway, gas, water, steam or electric heat-ing, electric light or power, cold storage, compressed air,viaduct, conduit, telephone, or bridge company, nor anycorporation, association, person, or partnership engagedin these or like enterprises shall be permitted to use thestreets, alleys, or public grounds of a city or town withoutthe previous consent of the corporate authorities of suchcity or town.

Section 9. Sale of property and granting of fran-chises by cities and towns.

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No rights of a city or town in and to its waterfront,wharf property, public landings, wharves, docks, streets,avenues, parks, bridges, or other public places, or its gas,water, or electric works shall be sold except by an ordi-nance or resolution passed by a recorded affirmative voteof three-fourths of all members elected to the governingbody.

No franchise, lease, or right of any kind to use anysuch public property or any other public property oreasement of any description in a manner not permitted tothe general public shall be granted for a longer periodthan forty years, except for air rights together with ease-ments for columns of support, which may be granted fora period not exceeding sixty years. Before granting anysuch franchise or privilege for a term in excess of fiveyears, except for a trunk railway, the city or town shall,after due advertisement, publicly receive bids therefor.Such grant, and any contract in pursuance thereof, mayprovide that upon the termination of the grant, the plantas well as the property, if any, of the grantee in the streets,avenues, and other public places shall thereupon, with-out compensation to the grantee, or upon the payment ofa fair valuation therefor, become the property of the saidcity or town; but the grantee shall be entitled to nopayment by reason of the value of the franchise. Any suchplant or property acquired by a city or town may be soldor leased or, unless prohibited by general law, main-tained, controlled, and operated by such city or town.Every such grant shall specify the mode of determiningany valuation therein provided for and shall make ad-equate provisions by way of forfeiture of the grant, orotherwise, to secure efficiency of public service at reason-able rates and the maintenance of the property in goodorder throughout the term of the grant.

Section 10. Debt.

(a) No city or town shall issue any bonds or otherinterest-bearing obligations which, includingexisting indebtedness, shall at any time exceedten per centum of the assessed valuation of thereal estate in the city or town subject to taxation,as shown by the last preceding assessment fortaxes. In determining the limitation for a city ortown there shall not be included the followingclasses of indebtedness:

(1) Certificates of indebtedness, revenue bonds,or other obligations issued in anticipation ofthe collection of the revenues of such city ortown for the then current year; provided thatsuch certificates, bonds, or other obligationsmature within one year from the date of theirissue, be not past due, and do not exceed therevenue for such year.

(2) Bonds pledging the full faith and credit ofsuch city or town authorized by an ordi-nance enacted in accordance with Section 7,and approved by the affirmative vote of thequalified voters of the city or town votingupon the question of their issuance, for asupply of water or other specific undertak-ing from which the city or town may derivea revenue; but from and after a period to bedetermined by the governing body not ex-ceeding five years from the date of suchelection, whenever and for so long as suchundertaking fails to produce sufficient rev-enue to pay for cost of operation and admin-istration (including interest on bonds issuedtherefor), the cost of insurance against lossby injury to persons or property, and anannual amount to be placed into a sinkingfund sufficient to pay the bonds at or beforematurity, all outstanding bonds issued onaccount of such undertaking shall be in-cluded in determining such limitation.

(3) Bonds of a city or town the principal andinterest on which are payable exclusivelyfrom the revenues and receipts of a watersystem or other specific undertaking or un-dertakings from which the city or town mayderive a revenue or secured, solely or to-gether with such revenues, by contributionsof other units of government.

(4) Contract obligations of a city or town toprovide payments over a period of morethan one year to any publicly owned orcontrolled regional project, if the project hasbeen authorized by an interstate compact orif the General Assembly by general law or

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special act has authorized an exclusion forsuch project purposes.

(b) No debt shall be contracted by or on behalf of anycounty or district thereof or by or on behalf of anyregional government or district thereof exceptby authority conferred by the General Assemblyby general law. The General Assembly shall notauthorize any such debt, except the classes de-scribed in paragraphs (1) and (3) of subsection(a), refunding bonds, and bonds issued, with theconsent of the school board and the governingbody of the county, by or on behalf of a county ordistrict thereof for capital projects for schoolpurposes and sold to the Literary Fund, theVirginia Supplemental Retirement System, orother State agency prescribed by law, unless inthe general law authorizing the same, provisionbe made for submission to the qualified voters ofthe county or district thereof or the region ordistrict thereof, as the case may be, for approvalor rejection by a majority vote of the qualifiedvoters voting in an election on the question ofcontracting such debt. Such approval shall be aprerequisite to contracting such debt.

Any county may, upon approval by the affirmativevote of the qualified voters of the county voting in anelection on the question, elect to be treated as a city for thepurposes of issuing its bonds under this section. If acounty so elects, it shall thereafter be subject to all of thebenefits and limitations of this section applicable to cities,but in determining the limitation for a county there shallbe included, unless otherwise excluded under this sec-tion, indebtedness of any town or district in that countyempowered to levy taxes on real estate.

The amendment ratified November 4, 1980 and effectiveJanuary 1, 1981 — In subsection (a) substituted “ten percentum” for “eighteen per centum”.

ARTICLE VIII — Education

Section 1. Public schools of high quality to bemaintained.

The General Assembly shall provide for a system offree public elementary and secondary schools for allchildren of school age throughout the Commonwealth,and shall seek to ensure that an educational program ofhigh quality is established and continually maintained.

Section 2. Standards of quality; State and localsupport of public schools.

Standards of quality for the several school divisionsshall be determined and prescribed from time to time bythe Board of Education, subject to revision only by theGeneral Assembly.

The General Assembly shall determine the manner inwhich funds are to be provided for the cost of maintain-ing an educational program meeting the prescribed stan-dards of quality, and shall provide for the apportionmentof the cost of such program between the Commonwealthand the local units of government comprising such schooldivisions. Each unit of local government shall provide itsportion of such cost by local taxes or from other availablefunds.

Section 3. Compulsory education; free textbooks.

The General Assembly shall provide for the compul-sory elementary and secondary education of every eli-gible child of appropriate age, such eligibility and age tobe determined by law. It shall ensure that textbooks areprovided at no cost to each child attending public schoolwhose parent or guardian is financially unable to furnishthem.

Section 4. Board of Education.

The general supervision of the public school systemshall be vested in a Board of Education of nine members,to be appointed by the Governor, subject to confirmationby the General Assembly. Each appointment shall be forfour years, except that those to fill vacancies shall be forthe unexpired terms. Terms shall be staggered, so that no

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more than three regular appointments shall be made inthe same year.

Section 5. Powers and duties of the Board of Educa-tion.

The powers and duties of the Board of Educationshall be as follows:

(a) Subject to such criteria and conditions as theGeneral Assembly may prescribe, the Board shalldivide the Commonwealth into school divisionsof such geographical area and school-age popu-lation as will promote the realization of the pre-scribed standards of quality, and shall periodi-cally review the adequacy of existing schooldivisions for this purpose.

(b) It shall make annual reports to the Governor andthe General Assembly concerning the conditionand needs of public education in the Common-wealth, and shall in such report identify anyschool divisions which have failed to establishand maintain schools meeting the prescribedstandards of quality.

(c) It shall certify to the school board of each divisiona list of qualified persons for the office of divisionsuperintendent of schools, one of whom shall beselected to fill the post by the division schoolboard. In the event a division school board failsto select a division superintendent within thetime prescribed by law, the Board of Educationshall appoint him.

(d) It shall have authority to approve textbooks andinstructional aids and materials for use in coursesin the public schools of the Commonwealth.

(e) Subject to the ultimate authority of the GeneralAssembly, the Board shall have primary respon-sibility and authority for effectuating the educa-tional policy set forth in this article, and it shallhave such other powers and duties as may beprescribed by law.

Section 6. Superintendent of Public Instruction.

A Superintendent of Public Instruction, who shall bean experienced educator, shall be appointed by the Gov-ernor, subject to confirmation by the General Assembly,for a term coincident with that of the Governor makingthe appointment, but the General Assembly may alter bystatute this method of selection and term of office. Thepowers and duties of the Superintendent shall be pre-scribed by law.

Section 7. School boards.

The supervision of schools in each school divisionshall be vested in a school board, to be composed ofmembers selected in the manner, for the term, possessingthe qualifications, and to the number provided by law.

Section 8. The Literary Fund.

The General Assembly shall set apart as a permanentand perpetual school fund the present Literary Fund; theproceeds of all public lands donated by Congress for freepublic school purposes, of all escheated property, of allwaste and unappropriated lands, of all property accruingto the Commonwealth by forfeiture except as hereinafterprovided, of all fines collected for offenses committedagainst the Commonwealth, and of the annual interest onthe Literary Fund; and such other sums as the GeneralAssembly may appropriate. But so long as the principalof the Fund totals as much as eighty million dollars, theGeneral Assembly may set aside all or any part of addi-tional moneys received into its principal for public schoolpurposes, including the teachers retirement fund.

The General Assembly may provide by general lawan exemption from this section for the proceeds from thesale of all property seized and forfeited to the Common-wealth for a violation of the criminal laws of this Com-monwealth proscribing the manufacture, sale or distri-bution of a controlled substance or marijuana. Suchproceeds shall be paid into the state treasury and shall bedistributed by law for the purpose of promoting lawenforcement.

The Literary Fund shall be held and administered bythe Board of Education in such manner as may be pro-

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vided by law. The General Assembly may authorize theBoard to borrow other funds against assets of the LiteraryFund as collateral, such borrowing not to involve the fullfaith and credit of the Commonwealth.

The principal of the Fund shall include assets of theFund in other funds or authorities which are repayable tothe Fund.

The amendment ratified November 6, 1990 and effectiveJanuary 1, 1991 — In paragraph one, after “forfeiture” added“except as hereinafter provided”. Added a new paragraph afterparagraph one.

Section 9. Other educational institutions.

The General Assembly may provide for the establish-ment, maintenance, and operation of any educationalinstitutions which are desirable for the intellectual, cul-tural, and occupational development of the people of thisCommonwealth. The governance of such institutions,and the status and powers of their boards of visitors orother governing bodies, shall be as provided by law.

Section 10. State appropriations prohibited toschools or institutions of learning not owned or exclu-sively controlled by the State or some subdivisionthereof; exceptions to rule.

No appropriation of public funds shall be made toany school or institution of learning not owned or exclu-sively controlled by the State or some political subdivi-sion thereof; provided, first, that the General Assemblymay, and the governing bodies of the several counties,cities and towns may, subject to such limitations as maybe imposed by the General Assembly, appropriate fundsfor educational purposes which may be expended infurtherance of elementary, secondary, collegiate or gradu-ate education of Virginia students in public and nonsec-tarian private schools and institutions of learning, inaddition to those owned or exclusively controlled by theState or any such county, city or town; second, that theGeneral Assembly may appropriate funds to an agency,or to a school or institution of learning owned or con-trolled by an agency, created and established by two ormore States under a joint agreement to which this State isa party for the purpose of providing educational facilities

for the citizens of the several States joining in such agree-ment; third, that counties, cities, towns, and districts maymake appropriations to nonsectarian schools of manual,industrial, or technical training, and also to any school orinstitution of learning owned or exclusively controlledby such county, city, town, or school district.

Section 11. Aid to nonpublic higher education.

The General Assembly may provide for loans to, andgrants to or on behalf of, students attending nonprofitinstitutions of higher education in the Commonwealthwhose primary purpose is to provide collegiate or gradu-ate education and not to provide religious training ortheological education. The General Assembly may alsoprovide for a State agency or authority to assist in bor-rowing money for construction of educational facilities atsuch institutions, provided that the Commonwealth shallnot be liable for any debt created by such borrowing. TheGeneral Assembly may also provide for the Common-wealth or any political subdivision thereof to contractwith such institutions for the provision of educational orother related services.

The amendment ratified November 5, 1974 and effectiveJanuary 1, 1975 — Provided for “grants to or on behalf of” inaddition to loans to students, in the first sentence. Added thelast sentence to permit “the Commonwealth or any politicalsubdivision thereof to contract with” nonprofit institutions ofhigher education.

ARTICLE IX — Corporations

Section 1. State Corporation Commission.

There shall be a permanent commission which shallbe known as the State Corporation Commission andwhich shall consist of three members. The General As-sembly may, by majority vote of the members elected toeach house, increase the size of the Commission to nomore than five members. Members of the Commissionshall be elected by the General Assembly and shall servefor regular terms of six years. At least one member of theCommission shall have the qualifications prescribed forjudges of courts of record, and any Commissioner may be

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impeached or removed in the manner provided for theimpeachment or removal of judges of courts of record.The General Assembly may enact such laws as it deemsnecessary for the retirement of the Commissioners, withsuch conditions, compensation, and duties as it mayprescribe. The General Assembly may also provide forthe mandatory retirement of Commissioners after theyreach a prescribed age, beyond which they shall notserve, regardless of the term to which elected or ap-pointed. Whenever a vacancy in the Commission shalloccur or exist when the General Assembly is in session,the General Assembly shall elect a successor for suchunexpired term. If the General

Assembly is not in session, the Governor shall forth-with appoint pro tempore a qualified person to fill thevacancy for a term ending thirty days after the com-mencement of the next regular session of the GeneralAssembly and the General Assembly shall elect a succes-sor for such unexpired term.

The Commission shall annually elect one of its mem-bers chairman. Its subordinates and employees, and themanner of their appointment and removal, shall be asprovided by law, except that its heads of divisions andassistant heads of divisions shall be appointed and sub-ject to removal by the Commission.

Section 2. Powers and duties of the Commission.

Subject to the provisions of this Constitution and tosuch requirements as may be prescribed by law, theCommission shall be the department of governmentthrough which shall be issued all charters, and amend-ments or extensions thereof, of domestic corporationsand all licenses of foreign corporations to do business inthis Commonwealth.

Except as may be otherwise prescribed by this Con-stitution or by law, the Commission shall be charged withthe duty of administering the laws made in pursuance ofthis Constitution for the regulation and control of corpo-rations doing business in this Commonwealth. Subject tosuch criteria and other requirements as may be pre-scribed by law, the Commission shall have the power andbe charged with the duty of regulating the rates, charges,and services and, except as may be otherwise authorized

by this Constitution or by general law, the facilities ofrailroad, telephone, gas, and electric companies.

The Commission shall in proceedings before it en-sure that the interests of the consumers of the Common-wealth are represented, unless the General Assemblyotherwise provides for representation of such interests.

The Commission shall have such other powers andduties not inconsistent with this Constitution as may beprescribed by law.

Section 3. Procedures of the Commission.

Before promulgating any general order, rule, or regu-lation, the Commission shall give reasonable notice of itscontents.

In all matters within the jurisdiction of the Commis-sion, it shall have the powers of a court of record toadminister oaths, to compel the attendance of witnessesand the production of documents, to punish for con-tempt, and to enforce compliance with its lawful ordersor requirements by adjudging and enforcing by its ownappropriate process such fines or other penalties as maybe prescribed or authorized by law. Before the Commis-sion shall enter any finding, order, or judgment against aparty it shall afford such party reasonable notice of thetime and place at which he shall be afforded an opportu-nity to introduce evidence and be heard.

The Commission may prescribe its own rules ofpractice and procedure not inconsistent with those madeby the General Assembly. The General Assembly shallhave the power to adopt such rules, to amend, modify, orset aside the Commission’s rules, or to substitute rules ofits own.

Section 4. Appeals from actions of the Commis-sion.

The Commonwealth, any party in interest, or anyparty aggrieved by any final finding, order, or judgmentof the Commission shall have, of right, an appeal to theSupreme Court. The method of taking and prosecutingan appeal from any action of the Commission shall beprescribed by law or by the rules of the Supreme Court.

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All appeals from the Commission shall be to the SupremeCourt only.

No other court of the Commonwealth shall havejurisdiction to review, reverse, correct, or annul anyaction of the Commission or to enjoin or restrain it in theperformance of its official duties, provided, however,that the writs of mandamus and prohibition shall lie fromthe Supreme Court to the Commission.

Section 5. Foreign corporations.

No foreign corporation shall be authorized to carryon in this Commonwealth the business of, or to exerciseany of the powers or functions of, a public service enter-prise, or be permitted to do anything which domesticcorporations are prohibited from doing, or be relievedfrom compliance with any of the requirements made ofsimilar domestic corporations by the Constitution andlaws of this Commonwealth. However, nothing in thissection shall restrict the power of the General Assemblyto enact such laws specially applying to foreign corpora-tions as the General Assembly may deem appropriate.

Section 6. Corporations subject to general laws.

The creation of corporations, and the extension andamendment of charters whether heretofore or hereaftergranted, shall be provided for by general law, and nocharter shall be granted, amended, or extended by specialact, nor shall authority in such matters be conferred uponany tribunal or officer, except to ascertain whether theapplicants have, by complying with the requirements ofthe law, entitled themselves to the charter, amendment,or extension applied for and to issue or refuse the sameaccordingly. Such general laws may be amended, re-pealed, or modified by the General Assembly. Everycorporation chartered in this Commonwealth shall bedeemed to hold its charter and all amendments thereofunder the provisions of, and subject to all the require-ments, terms, and conditions of, this Constitution andany laws passed in pursuance thereof. The police powerof the Commonwealth to regulate the affairs of corpora-tions, the same as individuals, shall never be abridged.

Section 7. Exclusions from term “corporation” or“company.”

The term “corporation” or “company” as used in thisarticle shall exclude all municipal corporations, otherpolitical subdivisions, and public institutions owned orcontrolled by the Commonwealth.

ARTICLE X — Taxation and Finance

Section 1. Taxable property; uniformity; classifica-tion and segregation.

All property, except as hereinafter provided, shall betaxed. All taxes shall be levied and collected under gen-eral laws and shall be uniform upon the same class ofsubjects within the territorial limits of the authority levy-ing the tax, except that the General Assembly may pro-vide for differences in the rate of taxation to be imposedupon real estate by a city or town within all or parts ofareas added to its territorial limits, or by a new unit ofgeneral government, within its area, created by or encom-passing two or more, or parts of two or more, existingunits of general government. Such differences in the rateof taxation shall bear a reasonable relationship to differ-ences between nonrevenue-producing governmental ser-vices giving land urban character which are furnished inone or several areas in contrast to the services furnishedin other areas of such unit of government.

The General Assembly may by general law and withinsuch restrictions and upon such conditions as may beprescribed authorize the governing body of any county,city, town or regional government to provide for differ-ences in the rate of taxation imposed upon tangiblepersonal property owned by persons not less than sixty-five years of age or persons permanently and totallydisabled as established by general law who are deemedby the General Assembly to be bearing an extraordinarytax burden on said tangible personal property in relationto their income and financial worth.

The General Assembly may define and classify tax-able subjects. Except as to classes of property hereinexpressly segregated for either State or local taxation, the

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General Assembly may segregate the several classes ofproperty so as to specify and determine upon whatsubjects State taxes, and upon what subjects local taxes,may be levied.

The amendment ratified November 6, 1990 and effectiveJanuary 1, 1991 — Added a new paragraph after paragraphone.

Section 2. Assessments.

All assessments of real estate and tangible personalproperty shall be at their fair market value, to be ascer-tained as prescribed by law. The General Assembly maydefine and classify real estate devoted to agricultural,horticultural, forest, or open space uses, and may bygeneral law authorize any county, city, town, or regionalgovernment to allow deferral of, or relief from, portionsof taxes otherwise payable on such real estate if it werenot so classified, provided the General Assembly shallfirst determine that classification of such real estate forsuch purpose is in the public interest for the preservationor conservation of real estate for such uses. In the eventthe General Assembly defines and classifies real estate forsuch purposes, it shall prescribe the limits, conditions,and extent of such deferral or relief. No such deferral orrelief shall be granted within the territorial limits of anycounty, city, town, or regional government except byordinance adopted by the governing body thereof.

So long as the Commonwealth shall levy upon anypublic service corporation a State franchise, license, orother similar tax based upon or measured by its grossreceipts or gross earnings, or any part thereof, its realestate and tangible personal property shall be assessed bya central State agency, as prescribed by law.

Section 3. Taxes or assessments upon abuttingproperty owners.

The General Assembly by general law may authorizeany county, city, town, or regional government to imposetaxes or assessments upon abutting property owners forsuch local public improvements as may be designated bythe General Assembly; however, such taxes or assess-ments shall not be in excess of the peculiar benefitsresulting from the improvements to such abutting prop-erty owners.

Section 4. Property segregated for local taxation;exceptions.

Real estate, coal and other mineral lands, and tan-gible personal property, except the rolling stock of publicservice corporations, are hereby segregated for, and madesubject to, local taxation only, and shall be assessed forlocal taxation in such manner and at such times as theGeneral Assembly may prescribe by general law.

Section 5. Franchise taxes; taxation of corporatestock.

The General Assembly, in imposing a franchise taxupon corporations, may in its discretion make the same inlieu of taxes upon other property, in whole or in part, ofsuch corporations. Whenever a franchise tax shall beimposed upon a corporation doing business in this Com-monwealth, or whenever all the capital, however in-vested, of a corporation chartered under the laws of thisCommonwealth shall be taxed, the shares of stock issuedby any such corporation shall not be further taxed.

Section 6. Exempt property.

(a) Except as otherwise provided in this Constitu-tion, the following property and no other shall beexempt from taxation, State and local, includinginheritance taxes:

(1) Property owned directly or indirectly by theCommonwealth or any political subdivisionthereof, and obligations of the Common-wealth or any political subdivision thereofexempt by law.

(2) Real estate and personal property ownedand exclusively occupied or used by churchesor religious bodies for religious worship orfor the residences of their ministers.

(3) Private or public burying grounds or cem-eteries, provided the same are not operatedfor profit.

(4) Property owned by public libraries or byinstitutions of learning not conducted forprofit, so long as such property is primarily

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used for literary, scientific, or educationalpurposes or purposes incidental thereto. Thisprovision may also apply to leasehold inter-ests in such property as may be provided bygeneral law.

(5) Intangible personal property, or any class orclasses thereof, as may be exempted in wholeor in part by general law.

(6) Property used by its owner for religious,charitable, patriotic, historical, benevolent,cultural, or public park and playgroundpurposes, as may be provided by classifica-tion or designation by a three-fourths vote ofthe members elected to each house of theGeneral Assembly and subject to such re-strictions and conditions as may be pre-scribed.

(7) Land subject to a perpetual easement per-mitting inundation by water as may be ex-empted in whole or in part by general law.

(b) The General Assembly may by general law au-thorize the governing body of any county, city,town, or regional government to provide for theexemption from local property taxation, or aportion thereof, within such restrictions and uponsuch conditions as may be prescribed, of realestate and personal property designed for con-tinuous habitation owned by, and occupied asthe sole dwelling of, persons not less than sixty-five years of age or persons permanently andtotally disabled as established by general lawwho are deemed by the General Assembly to bebearing an extraordinary tax burden on saidproperty in relation to their income and financialworth.

(c) Except as to property of the Commonwealth, theGeneral Assembly by general law may restrict orcondition, in whole or in part, but not extend, anyor all of the above exemptions.

(d) The General Assembly may define as a separatesubject of taxation any property, including real

or personal property, equipment, facilities, ordevices, used primarily for the purpose of abat-ing or preventing pollution of the atmosphere orwaters of the Commonwealth or for the purposeof transferring or storing solar energy, and bygeneral law may allow the governing body ofany county, city, town, or regional governmentto exempt or partially exempt such propertyfrom taxation, or by general law may directlyexempt or partially exempt such property fromtaxation.

(e) The General Assembly may define as a separatesubject of taxation household goods, personaleffects and tangible farm property and products,and by general law may allow the governingbody of any county, city, town, or regional gov-ernment to exempt or partially exempt suchproperty from taxation, or by general law maydirectly exempt or partially exempt such prop-erty from taxation.

(f) Exemptions of property from taxation as estab-lished or authorized hereby shall be strictly con-strued; provided, however, that all property ex-empt from taxation on the effective date of thissection shall continue to be exempt until other-wise provided by the General Assembly as hereinset forth.

(g) The General Assembly may by general law autho-rize any county, city, town, or regional govern-ment to impose a service charge upon the ownersof a class or classes of exempt property for ser-vices provided by such governments.

(h) The General Assembly may by general law autho-rize the governing body of any county, city,town, or regional government to provide for apartial exemption from local real property taxa-tion, within such restrictions and upon suchconditions as may be prescribed, of real estatewhose improvements, by virtue of age and use,have undergone substantial renovation, reha-bilitation or replacement.

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(i) The General Assembly may by general law allowthe governing body of any county, city, or townto exempt or partially exempt from taxation anygenerating equipment installed after Decemberthirty-one, nineteen hundred seventy-four, forthe purpose of converting from oil or natural gasto coal or to wood, wood bark, wood residue, orto any other alternate energy source for manu-facturing, and any co-generation equipment in-stalled since such date for use in manufacturing.

(j) The General Assembly may by general law allowthe governing body of any county, city, or townto have the option to exempt or partially exemptfrom taxation any business, occupational or pro-fessional license or any merchants’ capital, orboth.

The amendment ratified November 2, 1976 and effectiveJanuary 1, 1977 — After (a)(6) added subdivision “(7) Landsubject to a perpetual easement . . .”. In subsection (b) after“sixty-five years of age” added the language “or personspermanently and totally disabled as established by generallaw”. In subsection (d) after “Commonwealth” added thelanguage “or for the purpose of transferring or storing solarenergy”. In subsection (e) after “personal effects” added thelanguage “and tangible farm property and products”.

The amendment ratified November 7, 1978 and effectiveJanuary 1, 1979 — Added a new subsection (h).

The amendment ratified November 4, 1980 and effectiveJanuary 1, 1981 — In subsection (b) substituted “exemptionfrom local property taxation” for “exemption from local realproperty taxation”. After “of real estate” added “and personalproperty designed for continuous habitation”. Substituted“property” for “real estate” near the end of subsection (b).

The amendment ratified November 4, 1980 and effectiveJanuary 1, 1981 — Added a new subsection (i).

The amendment ratified November 3, 1998 and effectiveJanuary 1, 1999 — Added a new subsection (j).

Section 7. Collection and disposition of State rev-enues.

All taxes, licenses, and other revenues of the Com-monwealth shall be collected by its proper officers andpaid into the State treasury. No money shall be paid outof the State treasury except in pursuance of appropria-tions made by law; and no such appropriation shall bemade which is payable more than two years and sixmonths after the end of the session of the General Assem-bly at which the law is enacted authorizing the same.

Other than as may be provided for in the debt provi-sions of this Constitution, the Governor, subject to suchcriteria as may be established by the General Assembly,shall ensure that no expenses of the Commonwealth beincurred which exceed total revenues on hand and antici-pated during a period not to exceed the two years and sixmonths period established by this section of the Constitu-tion.

The amendment ratified November 6, 1984 and effectiveJuly 1, 1986 — Added the second paragraph.

Section 8. Limit of tax or revenue.

No other or greater amount of tax or revenues shall,at any time, be levied than may be required for thenecessary expenses of the government, or to pay theindebtedness of the Commonwealth.

The General Assembly shall establish the RevenueStabilization Fund. The Fund shall consist of an amountnot to exceed ten percent of the Commonwealth’s aver-age annual tax revenues derived from taxes on incomeand retail sales as certified by the Auditor of PublicAccounts for the three fiscal years immediately preced-ing. The Auditor of Public Accounts shall compute theten percent limitation of such fund annually and report tothe General Assembly not later than the first day ofDecember. “Certified tax revenues” means theCommonwealth’s annual tax revenues derived from taxeson income and retail sales as certified by the Auditor ofPublic Accounts.

The General Assembly shall make deposits to theFund to equal at least fifty percent of the product of the

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certified tax revenues collected in the most recently endedfiscal year times the difference between the annual per-centage increase in the certified tax revenues collected forthe most recently ended fiscal year and the averageannual percentage increase in the certified tax revenuescollected in the six fiscal years immediately preceding themost recently ended fiscal year. However, growth incertified tax revenues, which is the result of either in-creases in tax rates on income or retail sales or the repealof exemptions therefrom, may be excluded, in whole or inpart, from the computation immediately preceding for aperiod of time not to exceed six calendar years from thecalendar year in which such tax rate increase or exemp-tion repeal was effective. Additional appropriations maybe made at any time so long as the ten percent limitationestablished herein is not exceeded. All interest earned onthe Fund shall be part thereof; however, if the Fund’sbalance exceeds the limitation, the amount in excess ofthe limitation shall be paid into the general fund afterappropriation by the General Assembly.

The General Assembly may appropriate an amountfor transfer from the Fund to compensate for no morethan one-half of the difference between the total generalfund revenues appropriated and a revised general fundrevenue forecast presented to the General Assembly priorto or during a subsequent regular or special legislativesession. However, no transfer shall be made unless thegeneral fund revenues appropriated exceed such revisedgeneral fund revenue forecast by more than two percentof certified tax revenues collected in the most recentlyended fiscal year.

Furthermore, no appropriation or transfer from suchfund in any fiscal year shall exceed more than one-half ofthe balance of the Revenue Stabilization Fund. TheGeneral Assembly may enact such laws as may be neces-sary and appropriate to implement the Fund.

The amendment ratified November 3, 1992 and effectiveJanuary 1, 1993 — Added the second, third, and fourth para-graphs.

Section 9. State debt.

No debt shall be contracted by or in behalf of theCommonwealth except as provided herein.

(a) Debts to meet emergencies and redeem previousdebt obligations.

The General Assembly may (1) contract debts tosuppress insurrection, repel invasion, or defend the Com-monwealth in time of war; (2) contract debts, or mayauthorize the Governor to contract debts, to meet casualdeficits in the revenue or in anticipation of the collectionof revenues of the Commonwealth for the then currentfiscal year within the amount of authorized appropria-tions, provided that the total of such indebtedness shallnot exceed thirty per centum of an amount equal to 1.15times the average annual tax revenues of the Common-wealth derived from taxes on income and retail sales, ascertified by the Auditor of Public Accounts, for the pre-ceding fiscal year and that each such debt shall maturewithin twelve months from the date such debt is in-curred; and (3) contract debts to redeem a previous debtobligation of the Commonwealth.

The full faith and credit of the Commonwealth shallbe pledged to any debt created under this subsection. Theamount of such debt shall not be included in the limita-tions on debt hereinafter established, except that theamount of debt incurred pursuant to clause (3) aboveshall be included in determining the limitation on theaggregate amount of general obligation debt for capitalprojects permitted elsewhere in this article unless thedebt so incurred pursuant to clause (3) above is securedby a pledge of net revenues from capital projects ofinstitutions or agencies administered solely by the execu-tive department of the Commonwealth or of institutionsof higher learning of the Commonwealth, which netrevenues the Governor shall certify are anticipated to besufficient to pay the principal of and interest on such debtand to provide such reserves as the law authorizing thesame may require, in which event the amount thereofshall be included in determining the limitation on theaggregate amount of debt contained in the provision ofthis article which authorizes general obligation debt forcertain revenue-producing capital projects.

(b) General obligation debt for capital projects andsinking fund.

The General Assembly may, upon the affirmativevote of a majority of the members elected to each house,

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authorize the creation of debt to which the full faith andcredit of the Commonwealth is pledged, for capital projectsto be distinctly specified in the law authorizing the same;provided that any such law shall specify capital projectsconstituting a single purpose and shall not take effectuntil it shall have been submitted to the people at anelection and a majority of those voting on the questionshall have approved such debt. No such debt shall beauthorized by the General Assembly if the amount thereofwhen added to amounts approved by the people orauthorized by the General Assembly and not yet submit-ted to the people for approval, under this subsectionduring the three fiscal years immediately preceding theauthorization by the General Assembly of such debt andthe fiscal year in which such debt is authorized shallexceed twenty-five per centum of an amount equal to 1.15times the average annual tax revenues of the Common-wealth derived from taxes on income and retail sales, ascertified by the Auditor of Public Accounts, for the threefiscal years immediately preceding the authorization ofsuch debt by the General Assembly.

No debt shall be incurred under this subsection if theamount thereof when added to the aggregate amount ofall outstanding debt to which the full faith and credit ofthe Commonwealth is pledged other than that excludedfrom this limitation by the provisions of this article autho-rizing the contracting of debts to redeem a previous debtobligation of the Commonwealth and for certain rev-enue-producing capital projects, less any amounts setaside in sinking funds for the repayment of such out-standing debt, shall exceed an amount equal to 1.15 timesthe average annual tax revenues of the Commonwealthderived from taxes on income and retail sales, as certifiedby the Auditor of Public Accounts, for the three fiscalyears immediately preceding the incurring of such debt.

All debt incurred under this subsection shall maturewithin a period not to exceed the estimated useful life ofthe projects as stated in the authorizing law, which state-ment shall be conclusive, or a period of thirty years,whichever is shorter; and all debt incurred to redeem aprevious debt obligation of the Commonwealth, exceptthat which is secured by net revenues anticipated to besufficient to pay the same and provide reserves therefor,shall mature within a period not to exceed thirty years.Such debt shall be amortized, by payment into a sinking

fund or otherwise, in annual installments of principal tobegin not later than one-tenth of the term of the bonds,and any such sinking fund shall not be appropriated forany other purpose; if such debt be for public road pur-poses, such payment shall be first made from revenuessegregated by law for the construction and maintenanceof State highways. No such installment shall exceed thesmallest previous installment by more than one hundredper centum. If sufficient funds are not appropriated in thebudget for any fiscal year for the timely payment of theinterest upon and installments of principal of such debt,there shall be set apart by direction of the Governor, fromthe first general fund revenues received during suchfiscal year and thereafter, a sum sufficient to pay suchinterest and installments of principal.

(c) Debt for certain revenue-producing capitalprojects.

The General Assembly may authorize the creation ofdebt secured by a pledge of net revenues derived fromrates, fees, or other charges and the full faith and credit ofthe Commonwealth, and such debt shall not be includedin determining the limitation on general obligation debtfor capital projects as permitted elsewhere in this article,provided that

(1) the creation of such debt is authorized by theaffirmative vote of two-thirds of the mem-bers elected to each house of the GeneralAssembly; and

(2) such debt is created for specific revenue-producing capital projects (including the en-largement or improvement thereof), whichshall be distinctly specified in the law autho-rizing the same, of institutions and agenciesadministered solely by the executive depart-ment of the Commonwealth or of institu-tions of higher learning of the Common-wealth.

Before any such debt shall be authorized by theGeneral Assembly, and again before it shall be incurred,the Governor shall certify in writing, filed with the Audi-tor of Public Accounts, his opinion, based upon respon-sible engineering and economic estimates, that the antici-pated net revenues to be pledged to the payment of

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principal of and interest on such debt will be sufficient tomeet such payments as the same become due and toprovide such reserves as the law authorizing such debtmay require, and that the projects otherwise comply withthe requirements of this subsection, which certificationsshall be conclusive.

No debt shall be incurred under this subsection if theamount thereof when added to the aggregate amount ofall outstanding debt authorized by this subsection andthe amount of all outstanding debt incurred to redeem aprevious debt obligation of the Commonwealth which isto be included in the limitation of this subsection byvirtue of the provisions of this article authorizing thecontracting of debts to redeem a previous debt obligationof the Commonwealth, less any amounts set aside insinking funds for the payment of such debt, shall exceedan amount equal to 1.15 times the average annual taxrevenues of the Commonwealth derived from taxes onincome and retail sales, as certified by the Auditor ofPublic Accounts, for the three fiscal years immediatelypreceding the incurring of such debt.

This subsection shall not be construed to pledge thefull faith and credit of the Commonwealth to the paymentof any obligation of the Commonwealth, or any institu-tion, agency, or authority thereof, or to any refinancing orreissuance of such obligation which was incurred prior tothe effective date of this subsection.

(d) Obligations to which section not applicable.

The restrictions of this section shall not apply to anyobligation incurred by the Commonwealth or any insti-tution, agency, or authority thereof if the full faith andcredit of the Commonwealth is not pledged or committedto the payment of such obligation.

Section 10. Lending of credit, stock subscriptions,and works of internal improvement.

Neither the credit of the Commonwealth nor of anycounty, city, town, or regional government shall be di-rectly or indirectly, under any device or pretense whatso-ever, granted to or in aid of any person, association, orcorporation; nor shall the Commonwealth or any suchunit of government subscribe to or become interested inthe stock or obligations of any company, association, or

corporation for the purpose of aiding in the constructionor maintenance of its work; nor shall the Commonwealthbecome a party to or become interested in any work ofinternal improvement, except public roads and publicparks, or engage in carrying on any such work; nor shallthe Commonwealth assume any indebtedness of anycounty, city, town, or regional government, nor lend itscredit to the same. This section shall not be construed toprohibit the General Assembly from establishing an au-thority with power to insure and guarantee loans tofinance industrial development and industrial expansionand from making appropriations to such authority.

Section 11. Governmental employees retirementsystem.

The General Assembly shall maintain a retirementsystem for state employees and employees of participat-ing political subdivisions and school divisions. Thefunds of the retirement system shall be deemed separateand independent trust funds, shall be segregated from allother funds of the Commonwealth, and shall be investedand administered solely in the interests of the membersand beneficiaries thereof. Neither the General Assemblynor any public officer, employee, or agency shall use orauthorize the use of such trust funds for any purposeother than as provided in law for benefits, refunds, andadministrative expenses, including but not limited tolegislative oversight of the retirement system. Such trustfunds shall be invested as authorized by law. Retirementsystem benefits shall be funded using methods which areconsistent with generally accepted actuarial principles.The retirement system shall be subject to restrictions,terms, and conditions as may be prescribed by the Gen-eral Assembly.

The amendment ratified November 5, 1996 and effectiveJanuary 1, 1997 — In the heading of the section, substituted“employees” for “employee” and deleted “fund” after “retire-ment system”. In the text, substituted “retirement system forstate employees and employees of participating political subdi-visions and school divisions” for “state employees retirementsystem to be administered in the best interest of the beneficiariesthereof and subject to such restrictions or conditions as may beprescribed by the General Assembly” and added the remainderof the paragraph.

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ARTICLE XI — Conservation

Section 1. Natural resources and historical sites ofthe Commonwealth.

To the end that the people have clean air, pure water,and the use and enjoyment for recreation of adequatepublic lands, waters, and other natural resources, it shallbe the policy of the Commonwealth to conserve, develop,and utilize its natural resources, its public lands, and itshistorical sites and buildings. Further, it shall be theCommonwealth’s policy to protect its atmosphere, lands,and waters from pollution, impairment, or destruction,for the benefit, enjoyment, and general welfare of thepeople of the Commonwealth.

Section 2. Conservation and development of natu-ral resources and historical sites.

In the furtherance of such policy, the General Assem-bly may undertake the conservation, development, orutilization of lands or natural resources of the Common-wealth, the acquisition and protection of historical sitesand buildings, and the protection of its atmosphere,lands, and waters from pollution, impairment, or de-struction, by agencies of the Commonwealth or by thecreation of public authorities, or by leases or other con-tracts with agencies of the United States, with otherstates, with units of government in the Commonwealth,or with private persons or corporations. Notwithstand-ing the time limitations of the provisions of Article X,Section 7, of this Constitution, the Commonwealth mayparticipate for any period of years in the cost of projectswhich shall be the subject of a joint undertaking betweenthe Commonwealth and any agency of the United Statesor of other states.

Section 3. Natural oyster beds.

The natural oyster beds, rocks, and shoals in thewaters of the Commonwealth shall not be leased, rented,or sold but shall be held in trust for the benefit of thepeople of the Commonwealth, subject to such regulationsand restriction as the General Assembly may prescribe,but the General Assembly may, from time to time, defineand determine such natural beds, rocks, or shoals bysurveys or otherwise.

ARTICLE XII — Future Changes

Section 1. Amendments.

Any amendment or amendments to this Constitutionmay be proposed in the Senate or House of Delegates, andif the same shall be agreed to by a majority of the memberselected to each of the two houses, such proposed amend-ment or amendments shall be entered on their journals,the name of each member and how he voted to be re-corded, and referred to the General Assembly at its firstregular session held after the next general election ofmembers of the House of Delegates. If at such regularsession or any subsequent special session of that GeneralAssembly the proposed amendment or amendments shallbe agreed to by a majority of all the members elected toeach house, then it shall be the duty of the GeneralAssembly to submit such proposed amendment or amend-ments to the voters qualified to vote in elections by thepeople, in such manner as it shall prescribe and notsooner than ninety days after final passage by the GeneralAssembly. If a majority of those voting vote in favor ofany amendment, it shall become part of the Constitutionon the date prescribed by the General Assembly in sub-mitting the amendment to the voters.

Section 2. Constitutional convention.

The General Assembly may, by a vote of two-thirdsof the members elected to each house, call a convention topropose a general revision of, or specific amendments to,this Constitution, as the General Assembly in its call maystipulate.

The General Assembly shall provide by law for theelection of delegates to such a convention, and shall alsoprovide for the submission, in such manner as it shallprescribe and not sooner than ninety days after finaladjournment of the convention, of the proposals of theconvention to the voters qualified to vote in elections bythe people. If a majority of those voting vote in favor ofany proposal, it shall become effective on the date pre-scribed by the General Assembly in providing for thesubmission of the convention proposals to the voters.

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SCHEDULE

Section 1. Effective date of revised Constitution.

This revised Constitution shall, except as is other-wise provided herein, go into effect at noon on the firstday of July, nineteen hundred and seventy-one.

Section 2. Officers and elections.

Unless otherwise provided herein or by law, nothingin this revised Constitution shall affect the oath, tenure,term, status, or compensation of any person holding anypublic office, position, or employment in the Common-wealth, nor affect the date of filling any State or localoffice, elective or appointive, which shall be filled on thedate on which it would otherwise have been filled.

Section 3. Laws, proceedings, and obligations un-affected.

The common and statute law in force at the time thisrevised Constitution goes into effect, so far as not inconflict therewith, shall remain in force until they expireby their own limitation or are altered or repealed by theGeneral Assembly. Unless otherwise provided herein orby law, the adoption of this revised Constitution shallhave no effect on pending judicial proceedings or judg-ments, on any obligations owing to or by the Common-wealth or any of its officers, agencies, or political subdi-visions, or on any private obligations or rights.

Section 4. Qualifications of judges.

The requirement of Article VI, Section 7, that justicesof the Supreme Court and judges of courts of record shall,at least five years prior to their election or appointment,have been members of the bar of the Commonwealth,shall not preclude justices or judges who were elected orappointed prior to the effective date of this revised Con-stitution, and who are otherwise qualified, from complet-ing the term for which they were elected or appointedand from being reelected for one additional term.

Section 5. First session of General Assembly fol-lowing adoption of revised Constitution.

The General Assembly shall convene at the Capitol atnoon on the first Wednesday in January, nineteen hun-dred and seventy-one. It shall enact such laws as may bedeemed proper, including those necessary to implementthis revised Constitution. The General Assembly shallreapportion the Commonwealth into electoral districts inaccordance with Article II, Section 6, of this Constitution.The General Assembly shall be vested with all the pow-ers, charged with all the duties, and subject to all thelimitations prescribed by this Constitution except thatthis session shall continue as long as may be necessary;that the salary and allowances of members shall not belimited by Section 46 of the Constitution of 1902 asamended and that effective date limitation of Section 53of the Constitution of 1902 as amended shall not beoperative.

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Code of Virginia, 1950

§ 57-1. Act for religious freedom recited.—The Gen-eral Assembly, on the sixteenth day of January, seventeenhundred and eighty-six, passed an act in the followingwords:

“Whereas, Almighty God hath created the mind free;that all attempts to influence it by temporal punishment,or burthens, or by civil incapacitations, tend only to begethabits of hypocrisy and meanness, and are a departurefrom the plan of the Holy Author of our religion, who,being Lord both of body and mind, yet chose not topropagate it by coercions on either, as was in his Al-mighty power to do; that the impious presumption oflegislators and rulers, civil as well as ecclesiastical, who,being themselves but fallible and uninspired men, haveassumed dominion over the faith of others, setting uptheir own opinions and modes of thinking as the only trueand infallible, and as such endeavoring to impose themon others, have established and maintained false reli-gions over the greatest part of the world, and through alltime; that to compel a man to furnish contributions ofmoney for the propagation of opinions which he disbe-lieves, is sinful and tyrannical, and even the forcing himto support this or that teacher of his own religious persua-sion, is depriving him of the comfortable liberty of givinghis contributions to the particular pastor whose moralshe would make his pattern, and whose powers he feelsmost persuasive to righteousness, and is withdrawingfrom the ministry those temporary rewards which, pro-ceeding from an approbation of their personal conduct,are an additional incitement to earnest and unremittinglabors, for the instruction of mankind; that our civil rightshave no dependence on our religious opinions any morethan our opinions in physics or geometry; that thereforethe proscribing any citizen as unworthy the public confi-dence by laying upon him an incapacity of being called tooffices of trust and emolument, unless he profess orrenounce this or that religious opinion, is depriving himinjuriously, of those privileges and advantages to which,in common with his fellow citizens, he has a natural right;that it tends only to corrupt the principles of that religionit meant to encourage, by bribing, with a monopoly ofworldly honors and emoluments, those who will exter-nally profess and conform to it; that though, indeed, thoseare criminal who do not withstand such temptation, yet,

neither are those innocent who laythe bait in their way; that to sufferthe civil magistrate to intrude hispowers into the field of opinion, andto restrain the profession or propagation of principles onsupposition of their ill tendency, is a dangerous fallacy,which at once destroys all religious liberty, because he,being of course judge of that tendency, will make hisopinions the rules of judgment, and approve or condemnthe sentiments of others only as they shall square with ordiffer from his own; that it is time enough for the rightfulpurposes of civil government, for its officers to interfere,when principles break out into overt acts against peaceand good order; and finally, that truth is great and willprevail, if left to herself; that she is the proper andsufficient antagonist to error, and has nothing to fearfrom the conflict, unless by human interposition dis-armed of her natural weapons, free argument and debate;errors ceasing to be dangerous when it is permitted freelyto contradict them:

“Be it enacted by the General Assembly, That no manshall be compelled to frequent or support any religiousworship, place or ministry whatsoever, nor shall be en-forced, restrained, molested or burthened, in his body orgoods, nor shall otherwise suffer on account of his reli-gious opinions or belief; but that all men shall be free toprofess, and by argument to maintain, their opinions inmatters of religion, and that the same shall in no wisediminish, enlarge or affect their civil capacities.

“And though we well know that this Assembly,elected by the people for the ordinary purposes of legis-lation only, have no power to restrain the acts of succeed-ing assemblies constituted with powers equal to our own,and that, therefore, to declare this act to be irrevocablewould be of no effect in law; yet we are free to declare, anddo declare, that the rights hereby asserted are of thenatural rights of mankind; and that if any act shall behereafter passed to repeal the present, or to narrow itsoperations, such act will be an infringement of naturalright.”

§ 57-2. Rights asserted therein reaffirmed.—TheGeneral Assembly doth now again declare that the rightsasserted in the said act are of the natural rights of man-kind.

Virginia Statute of Religious Freedom

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When, in the course of human events, it becomesnecessary for one people to dissolve the political bandswhich have connected them with another, and to assume,among the powers of the earth, the separate and equalstation to which the laws of nature and nature’s Godentitle them, a decent respect to the opinions of mankindrequires that they should declare the causes which impelthem to the separation.

We hold these truths to be self-evident, that all menare created equal; that they are endowed by their Creatorwith certain unalienable rights; that among these are life,liberty, and the pursuit of happiness. That to secure theserights, governments are instituted among men, derivingtheir just powers from the consent of the governed; that,whenever any form of government becomes destructiveof these ends, it is the right of the people to alter or toabolish it, and to institute a new government, laying itsfoundation on such principles, and organizing its powersin such form, as to them shall seem most likely to effecttheir safety and happiness. Prudence, indeed, will dictatethat governments long established should not be changedfor light and transient causes; and, accordingly, all expe-rience hath shown, that mankind are more disposed tosuffer, while evils are sufferable, than to right themselvesby abolishing the forms to which they are accustomed.But, when a long train of abuses and usurpations, pursu-ing invariably the same object, evinces a design to reducethem under absolute despotism, it is their right, it is theirduty, to throw off such government, and to provide newguards for their future security. Such has been the patientsufferance of these colonies, and such is now the necessitywhich constrains them to alter their former systems ofgovernment. The history of the present King of GreatBritain is a history of repeated injuries and usurpation, allhaving, in direct object, the establishment of an absolutetyranny over these states. To prove this let facts be sub-mitted to a candid world:

He has refused to assent to laws the most wholesomeand necessary for the public good.

He has forbidden his governors to pass laws ofimmediate and pressing importance, unless suspendedin their operation till his assent should be obtained; and,when so suspended, he has utterly neglected to attend tothem.

He has refused to pass other laws for the accommo-dation of large districts of people, unless those peoplewould relinquish the right of representation in the legis-lature; a right inestimable to them, and formidable totyrants only.

He has called together legislative bodies at placesunusual, uncomfortable, and distant from the depositoryof their public records, for the sole purpose of fatiguingthem into compliance with his measures.

He has dissolved representative houses repeatedly,for opposing, with manly firmness, his invasions on therights of the people.

He has refused, for a long time after such dissolu-tions, to cause others to be elected, whereby the legisla-tive powers, incapable of annihilation, have returned tothe people at large for their exercise; the State remaining,in the meantime, exposed to all the dangers of invasionsfrom without and convulsions within.

He has endeavored to prevent the population ofthese States; for that purpose, obstructing the laws fornaturalization of foreigners; refusing to pass others toencourage their migration hither, and raising the condi-tions of new appropriations of lands.

He has obstructed the administration of justice, byrefusing his assent to laws for establishing judiciarypowers.

He has made judges dependent on his will alone, forthe tenure of their offices, and the amount and paymentof their salaries.

He has erected a multitude of new offices, and senthither swarms of officers to harass our people, and eat outtheir substance.

He has kept among us, in times of peace, standingarmies without the consent of our legislatures.

He has affected to render the military independentof, and superior to, the civil power.

He has combined, with others, to subject us to ajurisdiction foreign to our constitution, and unacknowl-

Declaration of American Independence

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edged by our laws; giving his assent to their acts ofpretended legislation:

For quartering large bodies of armed troops amongus:

For protecting them by a mock trial from punish-ment, for any murders which they should commit on theinhabitants of these States:

For cutting off our trade with all parts of the world:

For imposing taxes on us without our consent:

For depriving us, in many cases, of the benefit of trialby jury:

For transporting us beyond seas to be tried for pre-tended offenses.

For abolishing the free system of English laws in aneighboring province, establishing therein an arbitrarygovernment, and enlarging its boundaries, so as to ren-der it at once an example and fit instrument for introduc-ing the same absolute rule into these colonies:

For taking away our charters, abolishing our mostvaluable laws and altering fundamentally, the powers ofour governments:

For suspending our own legislatures, and declaringthemselves invested with power to legislate for us in allcases whatsoever.

He has abdicated government here, by declaring usout of his protection, and waging war against us.

He has plundered our seas, ravaged our coasts, burntour towns, and destroyed the lives of our people.

He is, at this time, transporting large armies of for-eign mercenaries to complete the work of death, desola-tion, and tyranny, already begun, with circumstances ofcruelty and perfidy scarcely paralleled in the most barba-rous ages, and totally unworthy the head of a civilizednation .

He has constrained our fellow-citizens, taken captiveon the high seas, to bear arms against their country, to

become the executioners of their friends and brethren, orto fall themselves by their hands.

He has excited domestic insurrections amongst us,and has endeavored to bring on the inhabitants of ourfrontiers, the merciless Indian savages, whose knownrule of warfare is an undistinguished destruction of allages, sexes, and conditions.

In every stage of these oppressions we have peti-tioned for redress in the most humble terms; our repeatedpetitions have been answered only by repeated injury. Aprince whose character is thus marked by every act whichmay define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attention to our Britishbrethren. We have warned them, from time to time, ofattempts made by their legislature to extend an unwar-rantable jurisdiction over us. We have reminded them ofthe circumstances of our emigration and settlement here.We have appealed to their native justice and magnanim-ity, and we have conjured them, by the ties of our com-mon kindred, to disavow these usurpations, which wouldinevitably interrupt our connections and correspondence.They, too, have been deaf to the voice of justice andconsanguinity. We must, therefore, acquiesce in the ne-cessity which denounces our separation, and hold them,as we hold the rest of mankind, enemies in war—in peace,friends .

We, therefore, the representatives of the United Statesof America, in General Congress assembled, appealing tothe Supreme Judge of the World for the rectitude of ourintentions, do, in the name and by authority of the goodpeople of these colonies solemnly publish and declare,That these United Colonies are, and of right ought to be,Free and Independent States; that they are absolved fromall allegiance to the British crown, and that all politicalconnections between them and the State of Great Britainis, and ought to be, totally dissolved; and that as free andindependent States, they have full power to levy war,conclude peace, contract alliances, establish commerceand to do all other acts and things which independentStates may of right do. And for the support of thisdeclaration, with a firm reliance on the protection ofDivine Providence, we mutually pledge to each other ourlives, our fortunes, and our sacred honor.

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tioned among the several States which may be includedwithin this Union, according to their respective numbers,[which shall be determined by adding to the wholenumber of free persons, including those bound to servicefor a term of years]4 and excluding Indians not taxed,[three-fifths of all other persons].5 The actual enumera-tion shall be made within three years after the firstmeeting of the Congress of the United States, and withinevery subsequent term of ten years, in such manner asthey shall by law direct. The number of Representativesshall not exceed one for every thirty thousand,6 but eachState shall have at least one Representative; [and, untilsuch enumeration shall be made, the State of New Hamp-shire shall be entitled to choose three, Massachusettseight, Rhode Island and Providence Plantations one,Connecticut five, New York six, New Jersey four, Penn-sylvania eight, Delaware one, Maryland six, Virginia ten,North Carolina five, South Carolina five, and Georgiathree.]7

4. When vacancies happen in the representation fromany State, the executive authority thereof shall issue writsof election to fill such vacancies.

5. The House of Representatives shall choose theirSpeaker8 and other officers; and shall have the sole powerof impeachment.9

SECTION 3. Senate

1. The Senate of the United States shall be composedof two Senators from each State [chosen by the legislaturethereof]10: for six years; and each Senator shall have onevote.

Preamble

We, the People of the United States, in Order to form amore perfect Union, establish Justice, insure domestic Tran-quility, provide for the common defence, promote the generalWelfare, and secure the Blessings of Liberty to ourselves andour Posterity, do ordain and establish this Constitution for theUnited States of America.

Article I - Legislative Department

SECTION 1. Legislative Power; the Congress

All legislative powers herein granted shall be vestedin a Congress of the United States, which shall consist ofa Senate and House of Representatives.

SECTION 2. House of Representatives

1. The House of Representatives shall be composedof members chosen every second year by the people of theseveral States, and the electors in each State shall have thequalifications requisite for electors of the most numerousbranch of the State legislature.1

2. No person shall be a Representative who shall nothave attained to the age of twenty-five years, and beenseven years a citizen of the United States, and who shallnot, when elected, be an inhabitant of that State in whichhe shall be chosen.2

3. Representatives and direct taxes3 shall be appor-

Constitution of the United States of America

1 Each State must permit the same persons to vote for United States Representatives as it permits to vote for the members of thelarger house of its own legislature. The 17th Amendment (1913) extended this requirement to the qualification of voters for UnitedStates Senators.2 In addition, political custom requires that a Representative also reside in the district in which he or she is elected.3 Modified by the 16th Amendment (1913) which provides for an income tax as an express exception to this restriction.4 Altered by the 14th Amendment (1868).5 The phrase refers to slaves and was rescinded by the 13th Amendment (1865) and the l4th Amendment (1868).6 The Constitution does not set a specific size for the House; rather, Congress does so when it reapportions the seats among theStates after each census. It fixed the ”permanent” size at 435 members in the Reapportionment Act of 1929.7 Temporary provision.8 Although the Constitution does not require it, the House always chooses the Speaker from among its own members.9 The House has the exclusive power to impeach civil officers; the Senate (Article 1, Section 3, Clause 6) has the exclusive powerto try those impeached by the House.10 Modified by the 17th Amendment (1913) which provides for the popular election of Senators.

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2. Immediately after they shall be assembled in con-sequences of the first election, they shall be divided, asequally as may be, into three classes. The seats of theSenators of the first class shall be vacated at the expirationof the second year; of the second class, at the expiration ofthe fourth year; and of the third class, at the expiration ofthe sixth year, so that one-third may be chosen everysecond year; [and if vacancies happen by resignation, orotherwise, during the recess of the legislature of anyState, the executive thereof may make temporary ap-pointments until the next meeting of the legislature,which shall then fill such vacancies.]11

3. No person shall be a Senator who shall not haveattained to the age of thirty years, and been nine years acitizen of the United States, who shall not, when elected,be an inhabitant of that State for which he shall be chosen.

4. The Vice President of the United States shall bePresident of the Senate, but shall have no vote, unlessthey be equally divided.

5. The Senate shall choose their other officers, andalso a President pro tempore, in the absence of the VicePresident, or when he shall exercise the office of thePresident of the United States.

6. The Senate shall have the sole power to try allimpeachments. When sitting for that purpose, they shallbe on oath or affirmation. When the President of theUnited States is tried, the Chief Justice shall preside; andno person shall be convicted without the concurrence oftwo-thirds of the members present.12

7. Judgment in cases of impeachment shall not ex-tend further than to removal from office, and disqualifi-cation to hold and enjoy any office of honor, trust, orprofit under the United States; but the party convicted

shall, nevertheless, be liable and subject to indictment,trial, judgment, and punishment, according to law.

SECTION 4. Elections and Meetings

1. The times, places, and manner of holding electionsfor Senators and Representatives, shall be prescribed ineach State by the legislature thereof: but the Congressmay at any time, by law, make or alter such regulations,except as to the places of choosing Senators.13

2. The Congress shall assemble at least once in everyyear, [and such meeting shall be on the first Monday inDecember,]14 unless they shall by law appoint a differentday.

SECTION 5. Legislative Proceedings

1. Each House shall be the judge of the elections,returns, and qualifications of its own members,15 and amajority of each shall constitute a quorum to do business;but a smaller number may adjourn from day to day, andmay be authorized to compel the attendance of absentmembers, in such manner, and under such penalties, aseach House may provide.

2. Each House may determine the rules of its pro-ceedings, punish its members for disorderly behavior,and with the concurrence of two-thirds, expel a member.

3. Each House shall keep a journal of its proceedings,and, from time to time, publish the same, excepting suchparts as may, in their judgment, require secrecy; and theyeas and nays of the members of either House, on anyquestion, shall, at the desire of one-fifth of those present,be entered on the journal.

4. Neither House, during the session of Congress,shall, without the consent of the other, adjourn for more

11 Modified by the 17th Amendment (l9l3) which provides for the filling of vacancies by election and (if a State chooses) by atemporary gubernatorial appointment to fill the vacancy until the election.12 Those who object on religious grounds to the taking of an oath are permitted to “affirm” rather than “swear.’’13 In 1842 Congress directed that Representatives and in 1914 that Senators be chosen on the Tuesday after the first Monday inNovember of every even-numbered year.14 Superseded by the 20th Amendment (1933) which fixes the date January 3rd.15 In 1969 the Supreme Court held that the House cannot exclude any member-elect who satisfies the qualifications set out inArticle 1. Section 2. Clause 2.

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than three days, nor to any other place than that in whichthe two Houses shall be sitting.

SECTION 6. Compensation, Immunities, and Dis-abilities of Members

1. The Senators and Representatives shall receive acompensation for their services, to be ascertained by law,and paid out of the treasury of the United States. Theyshall, in all cases, except treason, felony, and breach of thepeace, be privileged from arrest during their attendanceat the session of their respective Houses, and in going to,and returning from, the same; and for any speech ordebate in either House, they shall not be questioned inany other place.

2. No Senator or Representative shall, during thetime for which he was elected, be appointed to any civiloffice under the authority of the United States, whichshall have been created, or the emoluments whereof shallhave been increased during such time; and no person,holding any office under the United States, shall be amember of either House during his continuance in office.

SECTION 7. Revenue Bills, President’s Veto

1. All bills for raising revenue shall originate in theHouse of Representatives; but the Senate may propose orconcur with amendments as on other bills.

2. Every bill which shall have passed the House ofRepresentatives and the Senate, shall, before itbecome a law, be presented to the President ofthe United States; if he approve, he shall sign it,but if not, he shall return it, with his objections,to that House in which it shall have originated,who shall enter the objections at large on theirjournal, and proceed to reconsider it. If, aftersuch reconsideration, two-thirds of that Houseshall agree to pass the bill, it shall be sent,together with the objections, to the other House,by which it shall likewise be reconsidered,and, if approved by two-thirds of that House,it shall become a law. But in all such cases thevotes of both Houses shall be determined by yeas andnays, and the names of the persons voting for and

against the bill shall be entered on the journal of eachHouse respectively. If any bill shall not be returned by thePresident within ten days (Sunday excepted) after it shallhave been presented to him, the same shall be a law, inlike manner as if he had signed it, unless the Congress, bytheir adjournment, prevent its return, in which case itshall not be a law.

3. Every order, resolution, or vote, to which theconcurrence of the Senate and House of Representativesmay be necessary (except on a question of adjournment),shall be presented to the President of the United States;and before the same shall take effect, shall be approved byhim, or, being disapproved by him, shall be repassed bytwo-thirds of the Senate and House of Representatives,according to the rules and limitations prescribed in thecase of a bill .

SECTION 8. Powers of Congress

The Congress shall have power:

1. To lay and collect taxes, duties, imposts, and ex-cises, to pay the debts, and provide for the commondefence and general welfare, of the United States; but allduties, imposts, and excises, shall be uniform throughoutthe United States;

2. To borrow money on the credit of theUnited States;

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3. To regulate commerce with foreign nations, andamong the several States, and with the Indian tribes;

4. To establish a uniform rule of naturalization, anduniform laws on the subject of bankruptcies, throughoutthe United States;

5. To coin money, regulate the value thereof, and offoreign coin, and fix the standard of weights and mea-sures;

6. To provide for the punishment of counterfeitingthe securities and current coin of the United States;

7. To establish post offices and post roads;

8. To promote the progress of science and useful arts,by securing, for limited times, to authors and inventors,the exclusive right to their respective writings and dis-coveries;

9. To constitute tribunals inferior to the SupremeCourt;

10. To define and punish piracies and felonies, com-mitted on the high seas, and offences against the law ofnations;

11. To declare war, grant letters of marque and re-prisal, and make rules concerning captures on land andwater;

12. To raise and support armies; but no appropriationof money to that use shall be for a longer term than twoyears;

13. To provide and maintain a navy;

14. To make rules for the government and regulationof the land and naval forces;

15. To provide for calling forth the militia to executethe laws of the Union, suppress insurrections, and repelinvasions;

16. To provide for organizing, arming, and disciplin-ing the militia, and for governing such part of them asmay be employed in the service of the United States,reserving to the States respectively the appointment ofthe officers, and the authority of training the militia,according to the discipline prescribed by Congress;

17. To exercise exclusive legislation in all cases what-soever, over such district (not exceeding ten miles square)as may, by cession of particular States, and the acceptanceof Congress, become the seat of the Government of theUnited States, and to exercise like authority over allplaces, purchased by the consent of the legislature of theState in which the same shall be, for the erection of forts,magazines, arsenals, dockyards, and other needful build-ings;—And

18. To make all laws which shall be necessary andproper for carrying into execution the foregoing powers,and all other powers vested by this Constitution in theGovernment of the United States, or in any department orofficer thereof.

SECTION 9. Powers Denied to Congress

[1. The migration or importation of such persons asany of the States now existing shall think proper to admit,shall not be prohibited by the Congress prior to the yearone thousand eight hundred and eight; but a tax or dutymay be imposed on such importation, not exceeding tendollars for each person.]16

2. The privilege of the writ of habeas corpus shall not besuspended, unless when, in cases of rebellion or invasion,the public safety may require it.

3. No bill of attainder or ex post facto law shall bepassed.

4. No capitation, or other direct tax, shall be laid,unless in proportion to the census or enumeration hereinbefore directed to be taken.

5. No tax or duty shall be laid on articles exportedfrom any State.

16 Temporary provision; “persons” refers to slaves.

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6. No preference shall be given by any regulation ofcommerce or revenue to the ports of one State over thoseof another; nor shall vessels bound to, or from, one State,be obliged to enter, clear, or pay duties, in another.

7. No money shall be drawn from the treasury, but inconsequence of appropriations made by law; and a regu-lar statement and account of the receipts and expendi-tures of all public money shall be published from time totime.

8. No title of nobility shall be granted by the UnitedStates; and no person holding any office of profit or trustunder them shall, without the consent of the Congress,accept of any present, emolument, office, or title, of anykind whatever, from any king, prince, or foreign state.

SECTION 10. Powers Denied to the States

1. No State shall enter into any treaty, alliance, orconfederation; grant letters of marque and reprisal; coinmoney; emit bills of credit; make anything but gold andsilver coin a tender in payment of debts; pass any bill ofattainder, ex post facto law, or law impairing the obliga-tions of contracts, or grant any title of nobility.

2. No State shall, without the consent of the Con-gress, lay any imposts or duties on imports or exports,except what may be absolutely necessary for executing itsinspection laws; and the net produce of all duties andimposts, laid by any State on imports or exports, shall befor the use of the treasury of the United States; and allsuch laws shall be subject to the revision and control ofthe Congress.

3. No State shall, without the consent of Congress,lay any duty of tonnage, keep troops, or ships of war, intime of peace, enter into any agreement or compact withanother State, or with a foreign power, or engage in war,unless actually invaded, or in such imminent danger aswill not admit of delay.

Article 11 - Executive Department

SECTION 1. Term, Election, Qualifications, Salary,Oath of Office

1. The executive power shall be vested in a Presidentof the United States of America. He shall hold his officeduring the term of four years,l7 and together with the VicePresident, chosen for the same term, be elected as follows:

2. Each State shall appoint, in such manner as thelegislature thereof may direct, a number of Electors,equal to the whole number of Senators and Representa-tives, to which the State may be entitled in the Congress;but no Senator or Representative, or person holding anoffice of trust or profit, under the United States, shall beappointed an Elector.

[3. The Electors shall meet in their respective States,and vote by ballot for two persons, of whom one, at least,shall not be an inhabitant of the same State with them-selves. And they shall make a list of all persons voted for,and of the number of votes for each; which list they shallsign and certify, and transmit, sealed, to the seat of theGovernment of the United States, directed to the Presi-dent of the Senate. The President of the Senate shall, in thepresence of the Senate and House of Representatives,open all the certificates, and the votes shall then becounted. The person having the greatest number of votesshall be the President, if such number be a majority of thewhole number of Electors appointed; and if there be morethan one, who have such majority, and have an equalnumber of votes, then, the House of Representatives shallimmediately choose, by ballot, one of them for President;and if no person have a majority, then, from the fivehighest on the list, the said House shall, in like manner,choose the President. But in choosing the President, thevotes shall be taken by States, the representation fromeach State having one vote; a quorum for this purposeshall consist of a member or members from two-thirds ofthe States, and a majority of all the States shall be neces-sary to a choice. In every case, after the choice of thePresident, the person having the greatest number of votesof the Electors shall be the Vice President. But if there

17 The Constitution did not originally set a limit to the number of times a person may be elected President. The 22nd Amendment(1951) now limits a President to two terms or not more than 10 years in office.

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should remain two or more who have equal votes, theSenate shall choose from them, by ballot, the Vice Presi-dent.]18

4. The Congress may determine the time of choosingthe Electors, and the day on which they shall give theirvotes; which day shall be the same throughout the UnitedStates. 19

5. No person, except a natural-born citizen, or acitizen of the United States at the time of the adoption ofthis Constitution, shall be eligible to the office of Presi-dent; neither shall any person be eligible to that office,who shall not have attained to the age of thirty-five years,and been fourteen years a resident within the UnitedStates.

6. In case of the removal of the President from office,or of his death, resignation, or inability to discharge thepowers and duties of the said office, the same shalldevolve on the Vice President, and the Congress may bylaw provide for the case of removal, death, resignation orinability, both of the President and Vice President, declar-ing what officer shall then act as President, and suchofficer shall act accordingly, until the disability be re-moved, or a President shall be elected. 20

7. The President shall, at stated times, receive for hisservices a compensation, which shall neither be increasednor diminished during the period for which he shall havebeen elected, and he shall not receive, within that period,any other emolument from the United States, or any ofthem.

8. Before he enter on the execution of his office, heshall take the following oath or affirmation:

“I do solemnly swear (or affirm), that I will faithfullyexecute the office of President of the United States, andwill, to the best of my ability, preserve, protect, anddefend the Constitution of the United States.”

SECTION 2. President’s Powers and Duties

1. The President shall be Commander in Chief of thearmy and navy of the United States, and of the militia ofthe several States, when called into the actual service ofthe United States; he may require the opinion, in writing,of the principal officer in each of the executive depart-ments upon any subject relating to the duties of theirrespective offices, and he shall have power to grantreprieves and pardons for offences against the UnitedStates, except in cases of impeachment.

2. He shall have power, by and with the advice andconsent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall, nomi-nate, and, by and with the advice and consent of theSenate, shall appoint ambassadors, other public minis-ters and consuls, judges of the Supreme Court, and allother officers of the United States whose appointmentsare not herein otherwise provided for, and which shall beestablished by law; but the Congress may by law vest theappointment of such inferior officers, as they think proper,in the President alone, in the courts of law, or in the headsof departments.

3. The President shall have power to fill up all vacan-cies that may happen during the recess of the Senate, bygranting commissions which shall expire at the end oftheir next session.

SECTION 3. President’s Powers and Duties

He shall, from time to time, give to the Congressinformation of the state of the Union, and recommend totheir consideration such measures as he shall judge nec-essary and expedient; he may, on extraordinary occa-sions, convene both Houses, or either of them, and in caseof disagreement between them, with respect to the timeof adjournment, he may adjourn them to such time as heshall think proper; he shall receive ambassadors andother public ministers; he shall take care that the laws be

18 Superseded by the 12th Amendment (1804).19 Congress has set the date for the choosing of electors as the Tuesday after the first Monday in November every fourth year andfor the casting of electoral votes as the Monday after the second Wednesday in December of that year.20 Modified by the 25th Amendment (1967) which provides expressly for the succession of the Vice President for the filling of avacancy in the Vice Presidency, and for the determination of presidential inability.

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faithfully executed, and shall commission all the officersof the United States.

SECTlON 4. Impeachment

The President, Vice President, and all civil officers ofthe United States, shall be removed from office on im-peachment for, and conviction of, treason, bribery, orother high crimes and misdemeanors.

Article III - Judicial Department

SECTlON l. Courts, Terms of Office

The judicial power of the United States shall bevested in one Supreme Court, and in such inferior courtsas the Congress may from time to time ordain and estab-lish. The judges, both of the Supreme and inferior courts,shall hold their offices during good behavior, and shall, atstated times, receive for their services a compensationwhich shall not be diminished during their continuancein office.

SECTION 2. Jurisdiction

1. The judicial power shall extend to all cases, in lawand equity, arising under this Constitution, the laws ofthe United States, and treaties made, or which shall bemade, under their authority; to all cases affecting ambas-sadors, other public ministers, and consuls; to all cases ofadmiralty and maritime jurisdiction; to controversies towhich the United States shall be a party; to controversiesbetween two or more States, between a State and citizensof another State, between citizens of different States,between citizens of the same State claiming lands undergrants of different States, and between a State, or thecitizens thereof, and foreign states, citizens, or subjects.

2. In all cases affecting ambassadors, other publicministers and consuls, and those in which a State shall bea party, the Supreme Court shall have original jurisdic-tion. In all the other cases before mentioned, the SupremeCourt shall have appellate jurisdiction, both as to law andfact, with such exceptions and under such regulations asthe Congress shall make.

3. The trial of all crimes, except in cases of impeach-ment, shall be by jury; and such trial shall be held in theState where the said crimes shall have been committed;but when not committed within any State the trial shall beat such place or places as the Congress may by law havedirected.

SECTION 3. Treason

1. Treason against the United States shall consist onlyin levying war against them, or in adhering to theirenemies, giving them aid and comfort. No person shall beconvicted of treason unless on the testimony of twowitnesses to the same overt act, or on confession in opencourt.

2. The Congress shall have power to declare thepunishment of treason, but no attainder of treason shallwork corruption of blood, or forfeiture except during thelife of the person attained.

Article IV - Relation of States

SECTION 1. Full Faith and Credit

Full faith and credit shall be given in each State to thepublic acts, records, and the judicial proceedings of everyother State. And the Congress may, by general laws,prescribe the manner in which such acts, records, andproceedings shall be proved, and the effect thereof.

SECTION 2. Privileges and Immunities of Citizens

1. The citizens of each State shall be entitled to allprivileges and immunities of citizens in the several States.

2. A person charged in any State with treason, felony,or other crime, who shall flee from justice, and be foundin another State, shall, on demand of the executive au-thority of the State from which he fled, be delivered up, tobe removed to the State having jurisdiction of the crime.

3. No person held to service or labor in one State,under the laws thereof, escaping into another, shall, inconsequence of any law or regulation therein, be dis-charged from such service or labor, but shall be delivered

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up on claim of the party to whom such service or labormay be due.21

SECTION 3. New States; Territories

1. New States may be admitted by the Congress intothis Union; but no new State shall be formed or erectedwithin the jurisdiction of any other State, nor any State beformed by the junction of two or more States, or parts ofStates, without the consent of the legislatures of the Statesconcerned as well as of the Congress.

2. The Congress shall have power to dispose of andmake all needful rules and regulations respecting theterritory or other property belonging to the United States;and nothing in this Constitution shall be so construed asto prejudice any claims of the United States, or of anyparticular State.

SECTION 4. Protection Afforded to States by theNation

The United States shall guarantee to every State inthis Union a republican form of government, and shallprotect each of them against invasion; and on applicationof the legislature, or of the executive (when the legislaturecannot be convened), against domestic violence.

Article V -Provisions for Amendment

The Congress, whenever two-thirds of both Housesshall deem it necessary, shall propose amendments tothis Constitution, or, on the application of the legislaturesof two-thirds of the several States, shall call a conventionfor proposing amendments, which, in either case, shall bevalid, to all intents and purposes, as part of this Constitu-tion, when ratified by the legislatures of three-fourths ofthe several States, or by conventions in three-fourthsthereof, as the one or the other mode of ratification may

be proposed by the Congress; provided [that no amend-ment which may be made prior to the year one thousandeight hundred and eight shall in any manner affect thefirst and fourth clauses in the ninth section of the firstArticle;]22 and that no State, without its consent, shall bedeprived of its equal suffrage in the Senate.

Article Vl - National Debts,Supremacy of National Law, Oath

SECTION 1. Validity of Debts

All debts contracted and engagements entered into,before the adoption of this Constitution, shall be as validagainst the United States under this Constitution, asunder the Confederation.23

SECTION 2. Supremacy of National Law

This Constitution, and the laws of the United Stateswhich shall be made in pursuance thereof, and all treatiesmade, or which shall be made, under the authority of theUnited States, shall be the supreme law of the land; andthe judges in every State shall be bound thereby, anythingin the constitution or laws of any State to the contrarynotwithstanding.

SECTION 3. Oaths of Office

The Senators and Representatives before mentioned,and the members of the several State legislatures, and allexecutive and judicial officers, both of the United Statesand of the several States, shall be bound, by oath oraffirmation, to support this Constitution; but no religioustest shall ever be required as a qualification to any officeor public trust under the United States.

21 Superseded by the 13th Amendment.22 Obsolete.23 Extended by 14th Amendment (1868).

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Article Vll -Ratification of Constitution

The ratification of the conventions of nine States shallbe sufficient for the establishment of this Constitutionbetween the States so ratifying the same.

Done in Convention, by the unanimous consent ofthe States present, the seventeenth day of September, inthe year of our Lord one thousand seven hundred andeighty-seven, and of the Independence of the UnitedStates of America the twelfth. In Witness whereof, wehave hereunto subscribed our names.

George WashingtonPRESIDENT AND DEPUTY FROM VIRGINIA

NEW HAMPSHIREJohn LangdonNicholas Gilman

MASSACHUSETTSNathaniel GorhamRufus King

CONNECTICUTWilliam Samuel JohnsonRoger Sherman

NEW YORKAlexander Hamilton

NEW JERSEYWilliam LivingstonDavid BrearleyWilliam PatersonJonathan Dayton

PENNSYLVANIABenjamin FranklinThomas MifflinRobert MorrisGeorge ClymerThomas FitzsimonsJared Ingersoll

James WilsonGouverneur Morris

DELAWAREGeorge ReadGunning Bedford, Jr.John DickinsonRichard BassettJacob Broom

MARYLANDJames McHenryDan of St. Thomas JenniferDaniel Carroll

VIRGINIAJohn BlairJames Madison, Jr.

NORTH CAROLINAWilliam BlountRichard Dobbs SpaightHugh Williamson

SOUTH CAROLINAJohn RutledgeCharles Cotesworth PinckneyCharles PinckneyPierce Butler

GEORGIAWilliam FewAbraham Baldwin

Attest: William Jackson, Secretary

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1ST AMENDMENT. Freedom of Religion, Speech,Press, Assembly, and Petition24

Congress shall make no law respecting an establish-ment of religion, or prohibiting the free exercise thereof;or abridging the freedom of speech, or of the press; or theright of the people peaceably to assemble, and to petitionthe government for a redress of grievances.

2ND AMENDMENT. Bearing Arms

A well-regulated militia being necessary to the secu-rity of a free state, the right of the people to keep and beararms shall not be infringed.

3RD AMENDMENT. Quartering of Troops

No soldier shall, in time of peace, be quartered in anyhouse, without the consent of the owner; nor, in time ofwar, but in a manner to be prescribed by law.

4TH AMENDMENT. Searches and Seizures

The right of the people to be secure in their persons,houses, papers, and effects, against unreasonable searchesand seizures, shall not be violated; and no warrants shallissue, but upon probable cause supported by oath oraffirmation, and particularly describing the place to besearched and the persons or things to be seized.25

5TH AMENDMENT. Criminal Proceedings; DueProcess; Eminent Domain

No person shall be held to answer for a capital, orotherwise infamous, crime, unless on a presentment orindictment of a grand jury, except in cases arising in theland or naval forces or in the militia, when in actualservice, in time of war, or public danger; nor shall any

person be subject, for the same offence, to be twice put injeopardy of life or limb; nor shall be compelled, in anycriminal case, to be a witness against himself,26 nor bedeprived of life, liberty, or property, without due processof law; nor shall private property be taken for public use,without just compensation.

6TH AMENDMENT. Criminal Proceedings

In all criminal prosecutions, the accused shall enjoythe right to a speedy and public trial, by an impartial juryof the state and district wherein the crime shall have beencommitted, which district shall have been previouslyascertained by law; and to be informed of the nature andcause of the accusation; to be confronted with the wit-nesses against him; to have compulsory process for ob-taining witnesses in his favor; and to have the assistanceof counsel for his defence.27

7TH AMENDMENT. Civil Trials

In suits at common law, where the value in contro-versy shall exceed twenty dollars, the right of trial by juryshall be preserved; and no fact, tried by a jury shall beotherwise re-examined in any court of the United Statesthan according to the rules of the common law.

8TH AMENDMENT. Punishment for Crimes

Excessive bail shall not be required, nor excessivefines imposed, nor cruel and unusual punishment in-flicted.28

9TH AMENDMENT. Unenumerated Rights

The enumeration in the Constitution of certain rightsshall not be construed to deny or disparage others re-tained by the people.

Amendments to the U.S. Constitution

24 The first 10 amendments and the Bill of Rights were each proposed by Congress on September 25, 1789 and ratified by thenecessary three-fourths of the States on December 15, 1791.25 The 4th Amendment’s provisions apply against the States through the Due Process Clause of the 14th Amendment.26 The prohibition of double jeopardy and the guarantee against self-incrimination each apply against the States through the DueProcess Clause of the 14th Amendment.27 The rights to counsel, to speedy and public trial by jury (in serious criminal cases), of confrontation, and to compel witnessesapply against the States through Due Process Clause of the 14th Amendment.28 The protection against cruel and unusual punishment applies against the States through the Due Process Clause of the 14thAmendment.

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IOTH AMENDMENT. Powers Reserved to theStates

The powers not delegated to the United States by theConstitution, nor prohibited by it to the states, are re-served to the States respectively, or to the people.

11TH AMENDMENT. Suits against States29

The judicial power of the United States shall not beconstrued to extend to any suit in law or equity, com-menced or prosecuted against one of the United States bycitizens of another State or by citizens or subjects of anyforeign state.

12TH AMENDMENT. Election of President andVice President30

The Electors shall meet in their respective States,31

and vote by ballot for President and Vice President, oneof whom, at least, shall not be an inhabitant of the sameState with themselves; they shall name in their ballots theperson voted for as President, and in distinct ballots theperson voted for as Vice President; and they shall makedistinct lists of all persons voted for as President, and ofall persons voted for as Vice President, and of the numberof votes for each, which lists they shall sign, and certify,and transmit, sealed, to the seat of the Government of theUnited States, directed to the President of the Senate; thePresident of the Senate shall, in the presence of the Senateand the House of Representatives, open all the certifi-cates, and the votes shall then be counted; the personhaving the greatest number of votes for President shall bethe President, if such number be a majority of the wholenumber of Electors appointed; and if no person have sucha majority, then, from the persons having the highestnumbers, not exceeding three, on the list of those votedfor as President, the House of Representatives shall chooseimmediately, by ballot, the President. But in choosing thePresident, the votes shall be taken by States, the represen-tation from each State having one vote; a quorum for this

purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall benecessary to a choice. And if the House of Representa-tives shall not choose a President, whenever the right ofchoice shall devolve upon them, [before the fourth day ofMarch next following,]32 then the Vice President shall actas President, as in case of death, or other constitutionaldisability, of the President. The person having the great-est number of votes as Vice President, shall be the VicePresident, if such number be a majority of the wholenumber of Electors appointed; and if no person have amajority, then, from the two highest numbers on the list,the Senate shall choose the Vice President; a quorum forthe purpose shall consist of two-thirds of the wholenumber of Senators; a majority of the whole number shallbe necessary to a choice. But no person constitutionallyineligible to the office of President shall be eligible to thatof Vice President of the United States.

13TH AMENDMENT. Slavery and InvoluntaryServitude33

SECTION l. Neither slavery nor involuntary servi-tude, except as a punishment for crime, whereof the partyshall have been duly convicted, shall exist within theUnited States, or any place subject to their jurisdiction.

SECTION 2. Congress shall have power to enforcethis article by appropriate legislation.

14TH AMENDMENT. Rights of Citizens34

SECTION l. All persons born or naturalized in theUnited States, and subject to the jurisdiction thereof, arecitizens of the United States and of the State wherein theyreside. No State shall make or enforce any law which shallabridge the privileges or immunities of citizens of theUnited States; nor shall any State deprive any person oflife, liberty, or property, without due process of law, nordeny to any person within its jurisdiction the equalprotection of the laws.

29 Proposed by Congress March 4, 1794; ratified February 7, 1795.30 Proposed by Congress December 9, 1803; ratified June 15, 1804.31 Modified by 23rd Amendment (1961) which provides presidential electors for the District of Columbia.32 Changed by the 20th Amendment (1933) which sets the presidential inauguration date as January 20th.33 Proposed by Congress January 31, 1865; ratified December 6, 1865.34 Proposed by Congress June 13, 1866; ratified July 9, 1868.

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SECTION 2. Representatives shall be apportionedamong the several States according to their respectivenumbers, counting the whole number of persons in eachState, excluding Indians not taxed. But when the right tovote at any election for the choice of electors for Presidentand Vice President of the United States, Representativesin Congress, the executive and judicial officers of a State,or the members of the legislature thereof, is denied to anyof the male inhabitants of such State, being twenty-oneyears of age, and citizens of the United States, or in anyway abridged, except for participation in rebellion orother crime, the basis of representation therein shall bereduced in the proportion which the number of such malecitizens shall bear to the whole number of male citizenstwenty-one years of age in such State.

SECTION 3. No person shall be a Senator or Repre-sentative in Congress, or elector of President and VicePresident, or hold any office, civil or military, under theUnited States, or under any State, who, having previ-ously taken an oath, as a member of Congress, or as anofficer of the United States, or as a member of any Statelegislature, or as an executive or judicial officer of anyState, to support the Constitution of the United States,shall have engaged in insurrection or rebellion againstthe same, or given aid or comfort to the enemies thereof.But Congress may, by a vote of two-thirds of each House,remove such disability.

SECTION 4. The validity of the public debt of theUnited States, authorized by law, including debts in-curred for payment of pensions and bounties for servicesin suppressing insurrection or rebellion, shall not bequestioned. But neither the United States nor any Stateshall assume or pay any debt or obligation incurred in aidof insurrection or rebellion against the United States, orany claim for the loss or emancipation of any slave; but allsuch debts, obligations, and claims shall be held illegaland void.

SECTION 5. The Congress shall have power to en-force, by appropriate legislation, the provisions of thisarticle.

15Th AMENDMENT. Right to Vote—Race, Color.Servitude35

SECTION 1. The right of citizens of the United Statesto vote shall not be denied or abridged by the UnitedStates or by any State on account of race, color, or previ-ous condition of servitude.

SECTION 2. The Congress shall have power to en-force this article by appropriate legislation.

16TH AMENDMENT. Income Tax36

The Congress shall have power to lay and collecttaxes on incomes, from whatever source derived, withoutapportionment among the several States, and withoutregard to any census or enumeration.

I7TH AMENDMENT. Popular Election of Sena-tors37

The Senate of the United States shall be composed oftwo Senators from each State, elected by the peoplethereof, for six years; and each Senator shall have onevote. The electors in each State shall have the qualifica-tions requisite for electors of the most numerous branchof the State legislatures.

When vacancies happen in the representation of anyState in the Senate, the executive authority of such Stateshall issue writs of election to fill such vacancies: Pro-vided, That the legislature of any State may empower theexecutive thereof to make temporary appointment untilthe people fill the vacancies by election as the legislaturemay direct.

This amendment shall not be so construed as to affectthe election or term of any Senator chosen before itbecomes valid as part of the Constitution.

18TH AMENDMENT. Prohibition of IntoxicatingLiquors38

35 Proposed by Congress February 26, 1869; ratified February 3, 1870.36 Proposed by Congress July 12, 1909; ratified February 3, 1913. The amendment modifies Article 1, Section 9, Clause 4.37 Proposed by Congress May 13, 1912; ratified April 8, 1913. The amendment modifies Article 1, Section 3, Clauses 1 and 2.38 Proposed by Congress December 18, 1917; ratified January 16,1919.

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SECTION 1. After one year from the ratification ofthis article the manufacture, sale or transportation ofintoxicating liquors within, the importation thereof into,or the exportation thereof from the United States and allterritory subject to the jurisdiction thereof for beveragepurposes is hereby prohibited.

SECTION 2. The Congress and the several Statesshall have concurrent power to enforce this article byappropriate legislation.

SECTION 3. This article shall be inoperative unlessit shall have been ratified as an amendment to the Consti-tution by the legislatures of the several States, as pro-vided in the Constitution, within seven years of the dateof the submission hereof to the States by Congress.39

19TH AMENDMENT. Equal Suffrage—Sex40

The right of citizens of the United States to vote shallnot be denied or abridged by the United States or by anyState on account of sex. Congress shall have power toenforce this article by appropriate legislation.

20TH AMENDMENT. Commencement of Terms;Sessions of Congress; Death or Disqualification of Presi-dent-Elect41

SECTION 1. The terms of the President and VicePresident shall end at noon on the 20th day of January,and the terms of Senators and Representatives at noon onthe 3d day of January, of the years in which such termswould have ended if this article had not been ratified; andthe terms of their successors shall then begin.

SECTION 2. The Congress shall assemble at leastonce in every year, and such meeting shall begin at noonon the 3d day of January, unless they shall by law appointa different day.

SECTION 3. If, at the time fixed for the beginning ofthe term of the President, the President elect shall havedied, the Vice President-elect shall become President. If a

President shall not have been chosen before the time fixedfor the beginning of his term, or if the President-elect shallhave failed to qualify, then the Vice President-elect shallact as President until a President shall have qualified; andthe Congress may by law provide for the case whereinneither a President-elect nor a Vice President-elect shallhave qualified, declaring who shall then act as President,or the manner in which one who is to act shall be selected,and such person shall act accordingly until a President orVice President shall have qualified.

SECTION 4. The Congress may by law provide forthe case of the death of any of the persons from whom theHouse of Representatives may choose a President when-ever the right of choice shall have devolved upon them,and for the case of the death of any of the persons fromwhom the Senate may choose a Vice President wheneverthe right of choice shall have devolved upon them.

SECTION 5. Sections 1 and 2 shall take effect on the15th day of October following the ratification of thisarticle.

SECTION 6. This article shall be inoperative unlessit shall have been ratified as an amendment to the consti-tution by the legislatures of three-fourths of the severalStates within seven years from the date of its submission.

21ST AMENDMENT. Repeal of 18th Amendment42

SECTION 1. The eighteenth article of amendment tothe Constitution of the United States is hereby repealed.

SECTION 2. The transportation or importation intoany state, Territory, or possession of the United States fordelivery or use therein of intoxicating liquors, in viola-tion of the laws thereof, is hereby prohibited.

SECTION 3. This article shall be inoperative unlessit shall have been ratified as an amendment to the Consti-tution by conventions in the several states, as provided inthe Constitution, within seven years from the date of thesubmission hereof the States by the Congress.

39 The 18th Amendment was repealed in its entirety by the 21st Amendment (1933).40 Proposed by Congress June 4, 1919; ratified August 18, 1920.41 Proposed March 2, 1932; ratified January 23, 1933.42 Proposed by Congress February 20, 1933; ratified December 5, 1933.

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22ND AMENDMENT. Presidential Tenure 43

SECTION 1. No person shall be elected to the officeof the President more than twice, and no person who hasheld the office of President, or acted as President, formore than two years of a term to which some other personwas elected President shall be elected to the office of thePresident more than once. But this Article shall not applyto any person holding the office of President when thisArticle was proposed by the Congress, and shall notprevent any person who may be holding the office ofPresident, or acting as President, during the term withinwhich this Article becomes operative from holding theoffice of President or acting as President during theremainder of such term.

SECTION 2. This article shall be inoperative unlessit shall have been ratified as an amendment to the Consti-tution by the legislatures of three-fourths of the severalStates within seven years from the date of its submissionto the States by the Congress.

23RD AMENDMENT. Presidential Electors for theDistrict of Columbia44

SECTlON 1. The District constituting the seat ofGovernment of the United States shall appoint in suchmanner as the Congress may direct:

A number of electors of President and Vice Presidentequal to the whole number of Senators and Representa-tives in Congress to which the District would be entitledif it were a State, but in no event more than the leastpopulous State; they shall be in addition to those ap-pointed by the States, but they shall be considered, for thepurposes of the election of President and Vice President,to be electors appointed by a State; and they shall meet inthe District and perform such duties as provided by thetwelfth article of amendment.

SECTlON 2. The Congress shall have power to en-force this article by appropriate legislation.

24TH AMENDMENT. Right to Vote in FederalElections—Tax Payment45

SECTlON l. The right of citizens of the United Statesto vote in any primary or other election for President orVice President, for electors for President or Vice Presi-dent, or for Senator or Representative in Congress, shallnot be denied or abridged by the United States or anyState by reason of failure to pay any poll tax or other tax.

SECTlON 2. The Congress shall have power to en-force this article by appropriate legislation.

25TH AMENDMENT. Presidential Succession,Vice Presidential Vacancy, Presidential Inability46

SECTlON l. In case of the removal of the Presidentfrom office or of his death or resignation, the Vice Presi-dent shall become President.

SECTION 2. Whenever there is a vacancy in theoffice of the Vice President, the President shall nominatea Vice President who shall take office upon confirmationby majority vote of both Houses of Congress.

SECTlON 3. Whenever the President transmits tothe President pro tempore of the Senate and the Speaker ofthe House of Representatives his written declaration thathe is unable to discharge the powers and duties of hisoffice, and until he transmits to them a written declara-tion to the contrary, such powers and duties shall bedischarged by the Vice President as Acting President.

SECTION 4. Whenever the Vice President and amajority of either the principal officers of the executivedepartments or of such other body as Congress may bylaw provide, transmit to the President pro tempore of theSenate and the Speaker of the House of Representativestheir written declaration that the President is unable todischarge the powers and duties of his office, the VicePresident shall immediately assume the powers and du-ties of the office as Acting President.

43 Proposed by Congress March 24, 1947; ratified February 27, 1951.44 Proposed by Congress June 16. 1960; ratified March 29 1961.45 Proposed by Congress September 14, 1962; ratified January 23, 1964 .46 Proposed by Congress July 6, 1965; ratified February 10, 1967.

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47Proposed by Congress March 23, 1971; ratified July 1, 1971.

Thereafter, when the President transmits to the Presi-dent pro tempore of the Senate and the Speaker of theHouse of Representatives his written declaration that noinability exists, he shall resume the powers and duties ofhis office unless the Vice President and a majority ofeither the principal officers of the executive departmentor of such other body as Congress may by law provide,transmit within four days to the President pro tempore ofthe Senate and the Speaker of the House of Representa-tives their written declaration that the President is unableto discharge the powers and duties of his office. There-upon Congress shall decide the issue, assembling withinforty-eight hours for that purpose if not in session. If theCongress, within twenty-one days after receipt of thelatter written declaration, or, if Congress is not in session,within twenty-one days after Congress is required toassemble, determines by two-thirds vote of both Housesthat the President is unable to discharge the powers andduties of his office, the Vice President shall continue todischarge the same as Acting President; otherwise, thePresident shall resume the powers and duties of hisoffice.

26TH AMENDMENT. Right to Vote—Age47

SECTION l. The right of citizens of the United States,who are eighteen years of age or older, to vote shall not bedenied or abridged by the United States or by any State onaccount of age.

SECTION 2. Congress shall have power to enforcethis article by appropriate legislation.

27TH ADMENDMENT. Congressional Pay Raises

No law, varying the compensation for the services ofthe Senators and Representatives, shall take effect untilan election of Representatives shall have intervened.

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James, by the grace of God [King of England, Scot-land, France, and Ireland, Defender of the Faith], etc.Whereas our loving and weldisposed subjects, Sir Tho-mas Gates and Sir George Somers, Knightes; RichardeHackluit, Clarke, Prebendarie of Westminster; andEdwarde Maria Winghfeilde, Thomas Hannam andRaleighe Gilberde, Esquiers; William Parker and GeorgePopham, Gentlemen; and divers others of our lovingsubjects, have been humble sutors unto us that weewoulde vouchsafe unto them our licence to makehabitacion, plantacion and to deduce a colonie of sondrieof our people into that parte of America commonly calledVirginia, and other parts and territories in America eitherappartaining unto us or which are not nowe actualliepossessed by anie Christian prince or people, scituate,lying and being all along the sea coastes between fowerand thirtie degrees of northerly latitude from theequinoctiall line and five and fortie degrees of the samelatitude and in the maine lande betweene the same fowerand thirtie and five and fourtie degrees, and the ilandesthereunto adjacente or within one hundred miles of thecoaste thereof;

And to that ende, and for the more speedyaccomplishemente of theire saide intended plantacionand habitacion there, are desirous to devide themselvesinto two severall colonies and companies, the one consist-ing of certaine Knightes, gentlemen, marchanntes andother adventurers of our cittie of London, and elsewhere,which are and from time to time shalbe joined unto themwhich doe desire to begin theire plantacions andhabitacions in some fitt and conveniente place betweenfower and thirtie and one and fortie degrees of the saidlatitude all alongest the coaste of Virginia and coastes ofAmerica aforesaid and the other consisting of sondrieKnightes, gentlemen, merchanntes, and other adventur-ers of our citties of Bristoll and Exeter, and of our towneof Plymouthe, and of other places which doe joine them-selves unto that colonie which doe desire to beginn theireplantacions and habitacions in some fitt and convenientplace betweene eighte and thirtie degrees and five andfortie degrees of the saide latitude all alongst the saidecoaste of Virginia and America as that coaste lieth;

Wee, greately commending and graciously accept-ing of theire desires to the furtherance of soe noble aworke which may, by the providence of Almightie God,

hereafter tende to the glorie of His Divine Majestie inpropagating of Christian religion to suche people as yetlive in darkenesse and miserable ignorance of the trueknoweledge and worshippe of God and may in tymebring the infidels and salvages living in those parts tohumane civilitie and to a setled and quiet govermente,doe by theise our lettres patents graciously accepte of andagree to theire humble and well intended desires;

And doe, therefore, for us, our heires and successors,grannte and agree that the saide Sir Thomas Gates, SirGeorge Sumers, Richarde Hackluit and Edwarde MariaWinghfeilde, adventurers of and for our cittie of London,and all suche others as are or shalbe joined unto them ofthat Colonie, shalbe called the Firste Colonie, and theyshall and may beginne theire saide firste plantacion andseate of theire firste aboade and habitacion at anie placeupon the saide coaste of Virginia or America where theyshall thincke fitt and conveniente betweene the saidefower and thirtie and one and fortie degrees of the saidelatitude; and that they shall have all the landes, woods,soile, groundes, havens, ports, rivers, mines, mineralls,marshes, waters, fishinges, commodities andhereditamentes whatsoever, from the said first seate oftheire plantacion and habitacion by the space of fiftiemiles of Englishe statute measure all alongest the saidecoaste of Virginia and America towardes the weste andsouthe weste as the coaste lieth, with all the islandeswithin one hundred miles directlie over againste thesame sea coaste; and alsoe all the landes, soile, groundeshavens, ports, rivers, mines, mineralls, woods, marrishes[marshes], waters, fishinges, commodities andhereditamentes whatsoever, from the saide place of theirefirste plantacion and habitacion for the space of fiftie likeEnglishe miles, all alongest the saide coaste of Virginiaand America towardes the easte and northeaste [or to-ward the north] as the coaste lieth, together with all theislandes within one hundred miles directlie over againstethe same sea coaste; and alsoe all the landes, woodes,soile, groundes, havens, portes, rivers, mines, mineralls,marrishes, waters, fishinges, commodities andhereditamentes whatsoever, from the same fiftie mileseverie waie on the sea coaste directly into the maine landeby the space of one hundred like Englishe miles; and shalland may inhabit and remaine there; and shall and mayalsoe builde and fortifie within anie the same for theirebetter safegarde and defence, according to theire best

April 10, 1606

The First Charter

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discrecions and the direction of the Counsell of thatColonie; and that noe other of our subjectes shalbe per-mitted or suffered to plante or inhabit behinde or on thebackside of them towardes the maine lande, without theexpresse licence or consente of the Counsell of that Coloniethereunto in writing firste had or obtained.

And wee doe likewise for us, our heires and succes-sors, by theise presentes grannte and agree that the saideThomas Hannam and Raleighe Gilberde, William Parkerand George Popham, and all others of the towne ofPlymouthe in the countie of Devon, or elsewhere, whichare or shalbe joined unto them of that Colonie, shalbecalled the Seconde Colonie; and that they shall and maybeginne theire saide firste plantacion and seate of theirefirst aboade and habitacion at anie place upon the saidecoaste of Virginia and America, where they shall thinckefitt and conveniente, betweene eighte and thirtie degreesof the saide latitude and five and fortie degrees of thesame latitude; and that they shall have all the landes,soile, groundes, havens, ports, rivers, mines, mineralls,woods, marishes, waters, fishinges, commodities andhereditaments whatsoever, from the firste seate of theireplantacion and habitacion by the space of fiftie likeEnglishe miles, as is aforesaide, all alongeste the saidecoaste of Virginia and America towardes the weste andsouthwest, or towardes the southe, as the coaste lieth, andall the islandes within one hundred miles directlie overagainste the saide sea coaste; and alsoe all the landes,soile, groundes, havens, portes, rivers, mines, mineralls,woods, marishes, waters, fishinges, commodities andhereditamentes whatsoever, from the saide place of theirefirste plantacion and habitacion for the space of fiftie likemiles all alongest the saide coaste of Virginia and Americatowardes the easte and northeaste or towardes the northe,as the coaste liethe, and all the islandes alsoe within onehundred miles directly over againste the same sea coaste;and alsoe all the landes, soile, groundes, havens, ports,rivers, woodes, mines, mineralls, marishes, waters,fishings, commodities and hereditaments whatsoever,from the same fiftie miles everie waie on the sea coaste,directlie into the maine lande by the space of one hundredlike Englishe miles; and shall and may inhabit and remainethere; and shall and may alsoe builde and fortifie withinanie the same for theire better saufegarde according totheire beste discrecions and the direction of the Counsellof that Colonie; and that none of our subjectes shalbe

permitted or suffered to plante or inhabit behinde or onthe backe of them towardes the maine lande without theexpresse licence or consente of the Counsell of that Colonie,in writing thereunto, firste had and obtained.

Provided alwaies, and our will and pleasure hereinis, that the plantacion and habitacion of suche of the saideColonies as shall laste plante themselves, as aforesaid,shall not be made within one hundred like Englishe milesof the other of them that firste beganne to make theireplantacion, as aforesaide.

And wee doe alsoe ordaine, establishe and agree for[us], our heires and successors, that eache of the saideColonies shall have a Counsell which shall governe andorder all matters and causes which shall arise, growe, orhappen to or within the same severall Colonies, accord-ing to such lawes, ordinannces and instructions as shalbein that behalfe, given and signed with our hande or signemanuell and passe under the Privie Seale of our realme ofEnglande; eache of which Counsells shall consist ofthirteene parsons and to be ordained, made and removedfrom time to time according as shalbe directed and com-prised in the same instructions; and shall have a severallseale for all matters that shall passe or concerne the sameseverall Counsells, eache of which seales shall have theKinges armes engraven on the one side there of and hispourtraiture on the other; and that the seale for theCounsell of the saide Firste Colonie shall have engravenrounde about on the one side theise wordes: SigillumRegis Magne Britanie, Francie [et] Hibernie; on the otherside this inscripture rounde about: Pro Consillio PrimeColonie Virginie. And the seale for the Counsell of thesaide Seconde Colonie shall alsoe have engraven roundeabout the one side thereof the foresaide wordes: SigillumRegis Magne Britanie, Francie [et] Hibernie; and on theother side: Pro Consilio Secunde Colonie Virginie.

And that alsoe ther shalbe a Counsell establishedhere in Englande which shall in like manner consist ofthirteen parsons to be, for that purpose, appointed by us,our heires and successors, which shalbe called ourCounsell of Virginia; and shall from time to time have thesuperior managing and direction onelie of and for allmatters that shall or may concerne the govermente, aswell of the said severall Colonies as of and for anie otherparte or place within the aforesaide precinctes of fower

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and thirtie and five and fortie degrees abovementioned;which Counsell shal in like manner have a seale formatters concerning the Counsell [or Colonies] with thelike armes and purtraiture as aforesaide, with this in-scription engraven rounde about the one side: SigillumRegis Magne Britanie, Francie [et] Hibernie; and roundeabout the other side: Pro Consilio Suo Virginie.

And more over wee doe grannte and agree for us, ourheires and successors, that the saide severall Counsells ofand for the saide severall Colonies shall and lawfully mayby vertue hereof, from time to time, without interuptionof us, our heires or successors, give and take order to digg,mine and searche for all manner of mines of goulde, silverand copper, as well within anie parte of theire saideseverall Colonies as of the saide maine landes on thebackside of the same Colonies; and to have and enjoy thegoulde, silver and copper to be gotten there of to the useand behoofe of the same Colonies and the plantacionsthereof; yeilding therefore yerelie to us, our heires andsuccessors, the fifte parte onelie of all the same gouldeand silver and the fifteenth parte of all the same coppersoe to be gotten or had, as is aforesaid, and without anieother manner of profitt or accompte to be given or yeildedto us, our heires or successors, for or in respecte of thesame.

And that they shall or lawfullie may establishe andcawse to be made a coine, to passe currant there betwenethe people of those severall Colonies for the more ease oftrafiique and bargaining betweene and amongest themand the natives there, of such mettall and in such mannerand forme as the same severall Counsells there shalllimitt and appointe. And wee doe likewise for us, ourheires and successors, by theise presents give full powerand auctoritie to the said Sir Thomas Gates, Sir GeorgeSumers, Richarde Hackluit, Edwarde Maria Winghfeilde,Thomas Hannam, Raleighe Gilberde, William Parkerand George Popham, and to everie of them, and to thesaide severall Companies, plantacions and Colonies, thatthey and everie of them shall and may at all and everietime and times hereafter have, take and leade in the saidevoyage, and for and towardes the saide severallplantacions and Colonies, and to travell thitherwardeand to abide and inhabit there in everie of the saideColonies and plantacions, such and somanie of oursubjectes as shall willinglie accompanie them, or anie of

them, in the saide voyages and plantacions, withsufficiente shipping and furniture of armour, weapon,ordonnance, powder, victall, and all other thingesnecessarie for the saide plantacions and for theire use anddefence there: provided alwaies that none of the saidparsons be such as hereafter shalbe speciallie restrainedby us, our heires or successors.

Moreover, wee doe by theise presents, for us, ourheires and successors, give and grannte licence unto thesaid Sir Thomas Gates, Sir George Sumers, RichardeHackluite, Edwarde Maria Winghfeilde, ThomasHannam, Raleighe Gilberde, William Parker and GeorgePopham, and to everie of the said Colinies, that they andeverie of them shall and may, from time to time and at alltimes for ever hereafter, for theire severall defences,incounter or expulse, repell and resist, aswell by sea as bylande, by all waies and meanes whatsoever, all and everiesuche parson and parsons as without espiciall licence ofthe said severall Colonies and plantacions shall attempteto inhabit within the saide severall precincts and limitts ofthe saide severall Colonies and plantacions, or anie ofthem, or that shall enterprise or attempt at anie timehereafter the hurte, detrimente or annoyance of the saideseverall Colonies or plantacions.

Giving and grannting by theise presents unto thesaide Sir Thomas Gates, Sir George Somers, RichardeHackluite, and Edwarde Maria Winghfeilde, and theireassociates of the said Firste Colonie, and unto the saidThomas Hannam, Raleighe Gilberde, William Parkerand George Popham, and theire associates of the saideSecond Colonie, and to everie of them from time to timeand at all times for ever hereafter, power and auctoritie totake and surprize by all waies and meanes whatsoever alland everie parson and parsons with theire shipps, ves-sels, goods and other furniture, which shalbe foundetraffiqueing into anie harbor or harbors, creeke, creekesor place within the limitts or precincts of the saide severallColonies and plantacions, not being of the same Colonie,untill such time as they, being of anie realmes or domin-ions under our obedience, shall paie or agree to paie to thehandes of the Tresorer of the Colonie, within whoselimitts and precincts theie shall soe traffique, twoe and ahalfe upon anie hundred of anie thing soe by themtraffiqued, boughte or soulde; and being stranngers andnot subjects under our obeysannce, untill they shall paie

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five upon everie hundred of suche wares and commoditieas theie shall traffique, buy or sell within the precincts ofthe saide severall Colonies wherein theie shall soetraffique, buy or sell, as aforesaide; which sommes ofmoney or benefitt, as aforesaide, for and during the spaceof one and twentie yeres nexte ensuing the date hereofshalbe whollie imploied to the use, benefitt and behoofeof the saide severall plantacions where such trafficqueshalbe made; and after the saide one and twentie yeresended the same shalbe taken to the use of us, our heiresand successors by such officer and minister as by us, ourheires and successors shalbe thereunto assigned or ap-pointed.

And wee doe further, by theise presentes, for us, ourheires and successors, give and grannte unto the saide SirThomas Gates, Sir George Sumers, Richarde Hackluit,and Edwarde Maria Winghfeilde, and to theire associatesof the saide Firste Colonie and plantacion, and to thesaide Thomas Hannam, Raleighe Gilberde, William Parkerand George Popham, and theire associates of the saideSeconde Colonie and plantacion, that theie and everie ofthem by theire deputies, ministers and factors may trans-port the goods, chattells, armor, munition and furniture,needfull to be used by them for theire saide apparrell,defence or otherwise in respecte of the saide plantacions,out of our realmes of Englande and Irelande and all otherour dominions from time to time, for and during the timeof seaven yeres nexte ensuing the date hereof for thebetter releife of the said severall Colonies and plantacions,without anie custome, subsidie or other dutie unto us,our heires or successors to be yeilded or paide for thesame.

Alsoe wee doe, for us, our heires and successors,declare by theise presentes that all and everie the parsonsbeing our subjects which shall dwell and inhabit withineverie or anie of the saide severall Colonies and plantacionsand everie of theire children which shall happen to beborne within the limitts and precincts of the said severallColonies and plantacions shall have and enjoy all liber-ties, franchises and immunites within anie of our otherdominions to all intents and purposes as if they had beenabiding and borne within this our realme of Englande oranie other of our saide dominions.

Moreover our gracious will and pleasure is, and weedoe by theise presents, for us, our heires and successors,declare and sett forthe, that if anie parson or parsonswhich shalbe of anie of the said Colonies and plantacionsor anie other, which shall trafficque to the saide Coloniesand plantacions or anie of them, shall at anie time or timeshereafter transporte anie wares, marchandize or com-modities out of [any] our dominions with a pretence andpurpose to lande, sell or otherwise dispose the samewithin anie the limitts and precincts of anie of the saideColonies and plantacions, and yet nevertheles being atthe sea or after he hath landed the same within anie of thesaid Colonies and plantacions, shall carrie the same intoany other forraine countrie with a purpose there to sell ordispose of the same without the licence of us, our heiresor successors in that behalfe first had or obtained, thatthen all the goods and chattels of the saide parson orparsons soe offending and transporting, together withthe said shippe or vessell wherein suche transportacionwas made, shall be forfeited to us, our heires and succes-sors.

Provided alwaies, and our will and pleasure is andwee doe hereby declare to all Christian kinges, princesand estates, that if anie parson or parsons which shallhereafter be of anie of the said severall Colonies andplantacions, or anie other, by his, theire, or anie of theirelicence or appointment, shall at anie time or times hereaf-ter robb or spoile by sea or by lande or doe anie acte ofunjust and unlawfull hostilitie to anie the subjects of us,our heires or successors, or anie of the subjects of anieking, prince, ruler, governor or state being then in leagueor amitie with us, our heires or successors, and that uponsuche injurie or upon juste complainte of such prince,ruler, governor or state or their subjects, wee, our heiresor successors, shall make open proclamation within aniethe ports of our realme of Englande, commodious for thatpurpose, that the saide parson or parsons having com-mitted anie such robberie or spoile shall, within the termeto be limitted by suche proclamations, make full restitucionor satisfaction of all suche injuries done, soe as the saideprinces or others soe complained may houlde themselvesfully satisfied and contented; and that if the saide parsonor parsons having committed such robberie or spoileshall not make or cause to be made satisfaction accord-ingly with[in] such time soe to be limitted, that then itshalbe lawfull to us, our heires and successors to put the

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saide parson or parsons having committed such robberieor spoile and theire procurers, abbettors or comfortorsout of our allegeannce and protection; and that it shalbelawefull and free for all princes and others to pursue withhostilitie the saide offenders and everie of them andtheire and everie of theire procurors, aiders, abbettorsand comforters in that behalfe.

And finallie wee doe, for us, our heires and succes-sors, grannte and agree, to and with the saide Sir ThomasGates, Sir George Sumers, Richarde Hackluit and EdwardeMaria Winghfeilde, and all other of the saide FirsteColonie, that wee, our heires or successors, upon peticionin that behalfe to be made, shall, by lettres patents underthe Greate [Seale] of Englande, give and grannte untosuch parsons, theire heires and assignees, as the Counsellof that Colonie or the most part of them shall for thatpurpose nomminate and assigne, all the landes, tene-ments and hereditaments which shalbe within the pre-cincts limitted for that Colonie, as is aforesaid, to behoulden of us, our heires and successors as of our mannorof Eastgreenwiche in the countie of Kente, in free andcommon soccage onelie and not in capite.

And doe, in like manner, grannte and agree, for us,our heires and successors, to and with the saide ThomasHannam, Raleighe Gilberd, William Parker and GeorgePopham, and all others of the saide Seconde Colonie, thatwee, our heires [and] successors, upon petition in thatbehalfe to be made, shall, by lettres patentes under theGreat Seale of Englande, give and grannte unto suchparsons, theire heires and assignees, as the Counsell ofthat Colonie or the most parte of them shall for thatpurpose nomminate and assigne, all the landes,tenementes and hereditaments which shalbe within theprecinctes limited for that Colonie as is afore said, to behoulden of us, our heires and successors as of our mannorof Eastgreenwich in the countie of Kente, in free andcommon soccage onelie and not in capite.

All which landes, tenements and hereditaments soeto be passed by the saide severall lettres patents, shalbe,by sufficient assurances from the same patentees, soedistributed and devided amongest the undertakers forthe plantacion of the said severall Colonies, and such asshall make theire plantacion in either of the said severallColonies, in such manner and forme and for such estates

as shall [be] ordered and sett [downe] by the Counsell ofthe same Colonie, or the most part of them, respectively,within which the same lands, tenements and heredita-ments shall ly or be. Althoughe expresse mencion [of thetrue yearly value or certainty of the premises, or any ofthem, or of any other gifts or grants, by us or any ourprogenitors or predecessors, to the aforesaid Sir ThomasGates, Knt. Sir George Somers, Knt. Richard Hackluit,Edward-Maria Wingfield, Thomas Hanham, Ralegh Gil-bert, William Parker, and George Popham, or any ofthem, heretofore made, in these presents, is not made; orany statute, act, ordnance, or provision, proclamation, orrestraint, to the contrary hereof had, made, ordained, orany other thing, cause, or matter whatsoever, in any wisenotwithstanding.] In witnesse wherof [we have causedthese our letters to be made patents;] witnesse our selfe atWestminister the xth day of Aprill [1606, in the fourthyear of our reign of England, France, and Ireland, and ofScotland the nine and thirtieth.]

[Lukin]Exactum per breve de private sigillo [etc.]

British Public Record Office, Chancery Patent Rolls(c. 66), 1709; William Stith, The History of the First Discoveryand Settlement of Virginia (Williamsburg, Printed by Wil-liam Parks, 1747; New York, 1865), Appendix, pp. 1-8 (1-32 in 1865 edition); William Waller Hening, comp., TheStatutes at Large; Being a Collection of All the Laws ofVirginia, From the First Session of the Legislature, in the Year1619 (13 vols., Richmond, 1809-23), I, 57-66. Heningobtained the full charter texts from Stith.

Scanned from The Three Charters of the Virginia Com-pany of London, with Seven Related Documents: 1606-1621,edited and with an introduction by Samuel M. Bemiss(Williamsburg, Va., 350th Anniversary Celebration Cor-poration, 1957). This small volume contains the mostcomplete and accurate texts of all the Virginia charters.The text of the charters is in the public domain and notprotected by copyright. Included in this publication isthe text of the documents and none of Mr. Bemiss’seditorial notes. (Mr. Bemiss did point out some personalnames that appear in Stith but not in the British PublicRecord Office copy.) Be aware that the scanned text isverbatim, with no correction of spelling errors or transla-tion of archaic words into modern English.

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James, by the grace of God [King of England, Scot-land, France and Ireland, defender of the faith, etc.] To all[to whom these presents shall come, greeting.]

Whereas, at the humble suite and request of sondrieoure lovinge and well disposed subjects intendinge todeduce a colonie and to make habitacion and plantacionof sondrie of oure people in that parte of America comonliecalled Virginia, and other part and territories in Americaeither apperteyninge unto us or which are not actuallypossessed of anie Christian prince or people withincertaine bound and regions, wee have formerly, by ourelettres patents bearinge date the tenth of Aprill in thefourth yeare of oure raigne of England, Fraunce, andIreland, and the nine and thirtieth of Scotland, grauntedto Sir Thomas Gates, Sir George Somers and others, forthe more speedie accomplishment of the said plantacionand habitacion, that they shoulde devide themselves intotwoe collonies—the one consistinge of divers Knights,gentlemen, merchaunts and others of our cittie of Lon-don, called the First Collonie; and the other of sondrieKnights, gentlemen and others of the citties of Bristoll,Exeter, the towne of Plymouth, and other places, calledthe Seccond Collonie—and have yielded and grauntedmaine and sondrie priviledges and liberties to eachCollonie for their quiet setlinge and good governmenttherein, as by the said lettres patents more at largeappeareth.

Nowe, forasmuch as divers and sondrie of ourelovinge subjects, as well adventurers as planters, of thesaid First Collonie (which have alreadie engaged themselves in furtheringe the businesse of the said plantacionand doe further intende by the assistance of AlmightieGod to prosecute the same to a happie ende) have of lateben humble suiters unto us that, in respect of their greatchardeges and the adventure of manie of their liveswhich they have hazarded in the said discoverie andplantacion of the said countrie, wee woulde be pleased tograunt them a further enlargement and explanacion ofthe said graunte, priviledge and liberties, and that suchecounsellors and other officers maie be appointedamonngest them to manage and direct their affaires [as]are willinge and readie to adventure with them; as alsowhose dwellings are not so farr remote from the cittye ofLondon but that they maie at convenient tymes be readie

at hande to give advice and assistance upon all occacionsrequisite.

We, greatlie affectinge the effectual prosecucion andhappie successe of the said plantacion and comendingetheir good desires theirin, for their further encourage-ment in accomplishinge so excellent a worke, muchpleasinge to God and profitable to oure Kingdomes, doe,of oure speciall grace and certeine knowledge and meeremotion, for us, oure heires and successors, give, grauntand confirme to oure trustie and welbeloved subjects,

Robert, Earle of Salisburie [Salisbury]Thomas, Earle of Suffolke [Suffolk]Henrie, Earle of SouthamptonWilliam. Earle of Pembroke [Henrie][Henrie] Earle of Lincolne [Lincoln]Henrie, Earle of Dorsett [Dorset]Thomas, Earle of ExeterPhillipp, Earle of MountgommeryRobert, Lord Vicount LisleTheophilus, Lord Howard of WaldenJames Mountague, Lord Bishopp of Bathe and WellsEdward, Lord ZoucheThomas, Lord LawarrWiliam, Lord MounteagleRaphe, Lord EwreEdmond, Lord Sheffeild [Sheffield]Grey, Lord Shandis [Chandois][Grey], Lord ComptonJohn, Lord PetreJohn, Lord StanhopeGeorge, Lord CarewSir Humfrey Welde, Lord Mayor of London [Weld]George Pertie, Esquire [Percie]Sir Edward Cecill, Knight [Cecil]Sir George Wharton, KnightFrauncis West, EsquireSir William Waade, Knight [Wade]Sir Henrie Nevill, Knight [Nevil]Sir Thomas Smithe, Knight [Smith]Sir Oliver Cromwell, KnightSir Peter Manwood, KnightSir Dru Drurie, Knight [Drury]Sir John Scott, Knight [Scot]Sir Thomas Challouer, Knight [Challoner]Sir Robert Drurie, Knight [Drury]Sir Anthonye Cope, Knight

May 23, 1609

The Second Charter

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Sir Horatio Veere, Knight [Vere]Sir Edward Conwaie, Knight [Conway]Sir William Browne [Brown]Sir Maurice Barkeley, Knight [Berkeley]Sir Roberte Maunsell, Knight [Mansel]Sir Amias Presou, Knight [Preston]Sir Thomas Gates, KnightSir Anthonie Ashley, Knight [Ashly]Sir Michaell Sandes, Knight [Sandys]Sir Henrie Carew, Knight [Carey]Sir Stephen Soame, KnightSir Calisthenes Brooke, KnightSir Edward Michelborne, Knight [Michelborn]Sir John Racliffe, Knight [Ratcliffe]Sir Charles Willmott, Knight [Wilmot]Sir George Moore, Knight [Moor]Sir Hugh Wirrall, Knight [Wirral]Sir Thomas Dennys, Knight [Dennis]Sir John Hollis, Knight [Holles]Sir William Godolphin, KnightSir Thomas Monnson, Knight [Monson]Sir Thomas Ridgwaie, Knight [Ridgwine]Sir John Brooke, KnightSir Roberte Killigrew, KnightSir Henrie Peyton, KnightSir Richard Williamson, KnightSir Ferdinando Weynman, KnightSir William St. John, KnightSir Thomas Holcrofte, Knight [Holcroft]Sir John Mallory, KnightSir Roger Ashton, KnightSir Walter Cope, KnightSir Richard Wigmore, KnightSir William Cooke, Knight [Coke]Sir Herberte Crofte, Knight Sir Henrie Faushawe, Knight [Fanshaw]Sir John Smith, KnightSir Francis Wolley, KnightSir Edward Waterhouse, KnightSir Henrie Sekeford, Knight [Seekford]Sir Edward Saudes, Knights [Edwin Sandys]Sir Thomas Wayneman, Knight [Waynam]Sir John Trevor, KnightSir Warrwick Heale, Knight [Heele]Sir Robert Wroth, KnightSir John Townnesende, Knight [Townsend]Sir Christopher Perkins, Knight

Sir Daniell Dun, KnightSir Henrie Hobarte, Knight [Hobart]Sir Franncis Bacon, KnightSir Henrie Mountague, Knight [Montague]Sir Georg Coppin, KnightSir Samuell Sandes, Knight [Sandys]Sir Thomas Roe, KnightSir George Somers, KnightSir Thomas Freake, KnightSir Thomas Horwell, Knight [Harwell]Sir Charles Kelke, KnightSir Baptist Hucks, Knight [Hicks]Sir John Watts, KnightSir Roberte Carey, KnightSir William Romney, KnightSir Thomas Middleton, KnightSir Hatton Cheeke, KnightSir John Ogle, KnighteSir Cavallero Meycot, KnightSir Stephen Riddlesden, Knight [Riddleson]Sir Thomas Bludder, KnightSir Anthonie Aucher, KnightSir Robert Johnson, KnightSir Thomas Panton, KnightSir Charles Morgan, KnightSir Stephen Powle, Knight [Pole]Sir John Burlacie, KnightSir Christofer Cleane, Knight [Cleave]Sir George Hayward, KnightSir Thomas Dane, Knight [Davis]Sir Thomas Dutton, Knight [Sutton]Sir Anthonie Forrest, Knight [Forest]Sir Robert Payne, KnightSir John Digby, KnightSir Dudley Diggs, Knight [Digges]Sir Rowland Cotton, KnightDoctour Mathewe Rutcliffe [SutcliffelDoctor Meddowes [Meadows]Doctor TumerDoctor PoeCaptaine PagnamCaptaine Jeffrey HolcrofteCaptaine Raunne [Romney]Captaine Henrie SpryCaptaine Shelpton [Shelton]Captaine Spark [Sparks][Captain] Thomas Wyatt [Wyat]

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Captaine BrinsleyCaptaine William CourtneyCaptaine HerbertCaptaine ClarkeCaptaine DewhurstCaptaine John BlundellCaptaine Frier [Fryer]Captaine Lewis OrwellCaptaine Edward Lloyd [Loyd]Captaine SlingesbyCaptaine Huntley [Hawley]Captaine OrmeCaptaine WoodhouseCaptaine MasonCaptaine Thomas HolcroftCaptaine John Cooke [Coke]Captaine Hollis [HolleslCaptaine William ProudeCaptaine Henrie WoodhouseCaptaine Richard Lindeley [Lindesey]Captaine DexterCaptaine William WinterCaptaine Herle [PearselCaptain John BinghamCaptaine BurrayCaptaine Thomas Conwey [Conway]Captaine RookwoodCaptaine William LovelaceCaptaine John AshleyCaptaine Thomas WynneCaptaine Thomas MewtisCaptaine Edward HarwoodCaptaine Michaell Evered [Everard]Captaine Connoth [Comock]Captaine Miles [Mills]Captaine Pigott [Pigot]Captaine Edward Maria Wingfeild [Wingfield]Captaine ChristopherNewporte [Newport]Captaine John Siclemore, alias Ratcliffe [Sicklemore]Captaine John SmithCaptyn John Martyn [Martin]Captaine Peter WynneCaptaine Waldoe [Waldo]Captyn Thomas WoodCaptaine Thomas ButtonGeorge Bolls, Esquire, Sheriffe of LondonWilliam Crashawe, [Clerk], Bachelor of Divinite

William Seabright, EsquireChristopher Brook, EsquireJohn Bingley, EsquireThomas Watson, EsquireRichard Percivall, Esquire [Percival]John Moore, EsquireHugh Brooker, EsquireDavid Waterhouse, Esquire [Woodhouse]Anthonie Auther, Esquier [Aucher]Roberte Bowyer, Esquire [Boyer]Raphe Ewens, EsquireZacharie Jones, EsquireGeorge Calvert, EsquireWilliam Dobson, EsquireHenry Reynold, Esquire [Reynolds]Thomas Walker, EsquireAnthonie Barnars, EsquireThomas Sandes, Esquire [Sandys]Henrie Sand, Esquire [Sandys]Richard Sand [Sandys],

Sonne of Sir Edwin Sandes [Sandys]William Oxenbridge, EsquireJohn Moore, EsquireThomas Wilson, EsquireJohn Bullocke, Esquire [Bullock]John Waller, [Esquire]Thomas WebbJehughe RobinsonWilliam BrewsterRobert EvelynHenrie Dabenie [Danby]Richard Hacklewte, minister [Hackluit]John Eldred, marchaunt [Eldrid]William Russell, marchauntJohn Merrick, marchauntRichard Bannester, merchant [Banister]Charles Anthonie, goldsmithe [Anthony]John Banck [Banks]William EvansRichard HumbleRobert Chamberleyne,

marchaunt [Richard Chamberlayne]Thomas Barber, marchauntRichard Pevyrell, merchaunt [Pomet]John Fletcher, merchantThomas Nicholls, merchantJohn Stoak, merchaunt [Stoke]

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Gabriell ArcherFranncis Covell [Covel]William Bouham [Bonham]Edward HarrisonJohn WolstenholmeNicholas SalterHugh EvansWilliam Barners [Barnes]Otho Mawdett [Mawdet]Richard Staper, marchant John Elkin, marchauntWilliam Cayse [Coyse]Thomas Perkin, cooperHumfrey Ramell, cooper [Humphrey James]Henry JacksonRoberte Shingleton [Singleton]Christopher NichollsJohn HarperAbraham Chamberlaine [Chamberlayne]Thomas ShiptonThomas CarpenterAnthoine Crewe [Crew]George HolmanRobert HillCleophas Smithe [Smith]Raphe HarrisonJohn FarmerJames BrearleyWilliam Crosley [Crosby]Richard Cocks [Cox]John Gearinge [Gearing]Richard Strough, iremonnger [Strongarm]Thomas LangtonGriffith HintonRichard IronsideRichard Deane [Dean]Richard TurnerWilliam Leveson, mercer [Lawson]James Chatfeilde [Chatfield]Edward Allen [Edward Allen Tedder]Tedder RobertsHeldebrand Sprinson [Robert Hildebrand Sprinson]Arthur MouseJohn Gardener [Gardiner]James Russell [Russel]Richard Casewell [Caswell]Richard Evanns [Evans]

John HawkinsRichard Kerrill [Kerril]Richard BrookeMathewe Scrivener, gentleman [Screvener]William Stallendge, gentleman [Stallenge]Arthure Venn, gentlemanSaund Webb, gentleman [Sandys Webbe]Michaell Phettiplace, gentlemanWilliam Phetiplace, gentleman [Phettiplace]Ambrose Brusey, gentleman [Prusey]John Taverner, gentlemanGeorge Pretty, gentlemanPeter Latham, gentlemanThomas Monnford, gentleman [Montford]William Cautrell, gentleman [Cantrel]Richard Wiffine, gentleman [Wilfin]Raphe Mooreton, gentleman [Moreton] John Cornellis [Comelius]Martyn FreemanRaphe FreemanAndreau MooreThomas WhiteEdward PerkinRobert OseyThomas WhitleyGeorge Pitt [Pit]Roberte Parkehurste [Parkhurst]Thomas MorrisPeter Vaulore [Harloe]Jeffrey DuppaJohn GilbertWilliam HancockMathew Bromrigg [Brown]Francis Tirrell [Tyrrel]Randall CarterOthowell Smithe [Smith]Thomas Honnyman [Hamond]Marten Bonde, haberdasher [Bond]Joan Mousloe [John Moulsoe]Roberte JohnsonWilliam Younge [Young]John Woddall [Woodal]William FelgateHumfrey WestwoodRichard ChampionHenrie RobinsonFranncis Mapes

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William Sambatch [Sambach]Rauley Crashawe [Ralegh Crashaw]DaruelLliackerThomas GraveHugh WillestoneThomas Culpepper, of Wigsell, EsquireJohn Culpepper, gentlemanHenrie LeeJosias Kirton, gentleman [Kerton]John Porie, gentleman [Pory]Henrie CollinsGeorge BurtonWilliam AtkinsonThomas Forrest [Forest]John Russell [Russel]John Houlte [Holt]Harman HarrisonGabriell Beedell [Beedel]John Beedell [Beedel]Henrie Dankes [Dawkes]George Scott [Scot]Edward Fleetewood, gentleman [Fleetwood]Richard Rogers, gentlemanArthure RobinsonRobert RobinsonJohn HuntleyJohn Grey [Gray]William PayneWilliam Feilde [Field]William WatteyWilliam WebsterJohn DingleyThomas DraperRichard Glanvile [Glanvil]Arnolde Lulls [Hulls]Henrie Rowe [Roe]William Moore [More]Nicholas Grice [Gryce]James Monnger [Monger]Nicholas Andrewes [Andrews]Jerome Haydon, iremonnger [Jeremy Haydon]Phillipp Durrant [Philip Durette]John Quales [Quarles]John WestMadlew Springeham [Springham]John JohnsonChristopher Hore

George BarkeleyThomas Sued [Snead]George Barkeley [Berkeley]Ardhure Pett [Pet]Thomas CarelesWilliam Barkley [Berkley]Thomas JohnsonAlexander Bent [Bents]Captaine William Kinge [King]George Sandes, gentleman [Sandys]James White, gentlemanEdmond Wynn [Wynne]Charles TowlerRichard ReynoldEdward WebbRichard MaplesdenThomas Levers [Lever]David BourneThomas WoodRaphe HamerEdward Barnes, mercerJohn Wright, mercerRobert MiddletonEdward Litsfeild [Littlefield]Katherine WestThomas Webb [Web]Raphe Kinge [King]Roberte Coppine [Coppin]James AskeweChristopher Nicholls [Christopher Holt]William BardwellAlexander Childe [Chiles]Lewes TateEdward Ditchfeilde [Ditchfield]James SwifteRichard Widdowes, goldesmithEdmonde Brundells [Brudenell]John Hanford [Hansford]Edward WoollerWilliam Palmer, haberdasherJohn BadgerJohn HodgsonPeter Monnsill [Mounsel]Jahn Carrill [Carril]John Busbridge [Bushridge]William Dunn [Dun]Thomas Johnson

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Nicholas BensonThomas ShiptonNathaniell WadeRandoll Wettwood [Wetwood]Mathew DequesterCharles HawkinsHugh HamersleyAbraham CartwrightGeorge Bennett [Bennet]William Cattor [Cater]Richard GoddartHenrie CromwellPhinees Pett [Pet]Roberte CooperHenrie Neite [Newce]Edward Wilks [Wilkes]Roberte BatemanNicholas FarrarJohn NewhouseJohn CasonThomas Harris, gentlemanGeorge Etheridge, gentlemanThomas Mayle, gentlemanRichard Stratford [Stafford]ThomasRichard CooperJohn Westrowe [Westrow]Edward Welshe [Welch]Thomas Brittanie [Britain]Thomas Knowls [Knowles]Octavian ThomeEdmonde Smyth [Smith]John MarchEdward CarewThomas PleydallRichard Lea [Let]Miles PalmerHenrie PriceJohn Josua, gentleman[Joshua]William Clawday [Clauday]Jerome PearsyeJohn Bree, gentlemanWilliam HampsonChristopher PickfordThomas HuntThomas Truston

Christopher Lanman [Salmon]John Haward, clerke [Howard]Richarde PartridgeAllen Cotton [Cassen]Felix WilsonThomas Colethurst [Bathurst]George WilmerAndrew WilmerMorrice LewellinThomas Jedwin [Godwin]Peter BurgoyneThomas BurgoyneRoberte BurgoyneRoberte Smithe, merchauntaylor [Smith]Edward Cage, grocerThomas Canon, gentleman [Cannon]William Welby, stacionerClement Wilmer, gentlemanJohn Clapham, gentlemanGiles Fraunces, gentleman [Francis]George Walker, sadlerJohn Swinehowe, stacioner [Swinhow]Edward Bushoppe, stacioner [Bishop]Leonard White, gentlemanChristopher Barron [Baron]Peter BensonRichard Smyth [Smith]George Prockter, minister [Proctor]Millicent Ramesden, widowe [Ramsdent]Joseph SoaneThomas Hinshawe [Hinshaw]John BakerRobert Thorneton [Thomton]John Davies [Davis]Edward Facett [FacetlGeorge Nuce, gentleman [Newce]John RobinsonCaptaine Thomas WoodWilliam Browne, shoemaker [Brown]Roberte Barker, shoemakerRoberte Penington [Pennington]Francis Burley, ministerWilliam Quick, grocerEdward Lewes, grocer [Lewis]Laurence Campe, draperAden Perkins, grocerRichard Shepparde, preacher [Shepherd]

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William Sheckley, haberdasher [Sherley]William Tayler, haberdasher [Taylor]Edward Lukyn, gentleman [Edwin Lukin]John Francklyn, haberdasher [Franklyn]John Southicke [Southwick]Peter PeateGeorge Johan, iremonngerGeorge Yardley, gentleman [Yeardley]Henrie Shelly [Shelley]John Pratt [Prat]Thomas Church, draperWilliam Powell, gentleman [Powel]Richard Frithe, gentleman [Frith]Thomas Wheeler, draperFranncis Hasilerigg, gentleman [Haselrig]Hughe Shippley, gentleman [Shipley]John Andrewes, thelder, [doctor],

of Cambridge [Andrews]Franncis Whistley, gentleman [Whistler]John Vassall, gentlemanRichard HowleEdward Barkeley, gentleman [Berkeley]Richard Knerisborough, gentleman [Keneridgburg]Nicholas Exton, draperWilliam Bennett, fishmonger [Bennet]James Hawood, marchaunt [Haywood]Nicholas Isaak, merchaunt [Isaac]William Gibbs, merchannt[William] Bushopp [Bishop]Barnard Michell [Mitchel]Isaake Michell [Isaac Mitchel]John Streat [Streate]Edward GallJohn Marten, gentleman [Martin]Thomas FoxLuke LodgeJohn Woodleefe, gentleman [WoodliffelRice Webb [Piichard]Vincent Lowe [Low]Samuell Burnam [Burnham]Edmonde Pears, haberdasherJosua Goudge [John Googe]John St. JohnEdwarde VaughanWilliam DunnThomas Alcock [Alcocke]John Andrewes, the younger,

of Cambridge [Andrews]Samuell Smithe [Smith]Thomas Jerrard [Gerrard]Thomas WhittinghamWilliam Cannynge [Canning]Paule Caminge [Canning] George Chaudler [Chandler]Henrye VincentThomas KetleyJames SkeltonJames Montain [Mountaine]George Webb, gentlemanJosephe Newbroughesmith

[Joseph Newbridge, smith]Josias Mande [Mand]Raphe Haman, the younger [Hamer]Edward Brewster, the sonne of William BrewsterLeonard Harwood, mercerPhillipp DruerdentWilliam CarpenterTristram HillRoberte Cock, grocerLaurence Grene, grocer [Greene]Daniell Winche, grocer [Samuel Winch]Humfrey Stile, grocerAverie Dransfeild, grocer [Dransfield]Edwarde Hodges, grocerEdward Beale, grocerRaphe Busby, grocerJohn Whittingham, grocerJohn Hide, grocerMathew Shipperd, grocer [Shepherd]Thomas Allen, grocerRichard Hooker, grocerLaurence Munckas, grocer [Munks]John Tanner, grocerPeter Gate, grocerJohn Blunt, grocerRoberte Berrisford, grocerThomas Wells, gentlemanJohn Ellis, grocerHenrie Colthurst, grocerJohn Cranage, grocer [Cavady]Thomas Jenings, grocer [Jennings]Edmond Peshall, grocer [Pashall]Timothie Bathurst, grocerGyles Parslowe, grocer [Parslow]

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Roberte Johnson, grocer [Richard]William Janson, vintener [Johnson]Ezechiell SmithRichard Murrettone [Martin]William SharpeRoberte Ritche [Rich]William Stannerd, inholder [Stannard]John StockenWilliam Strachey, gentlemanGeorge Farmer, gentlemanThomas Gypes, clothworkerAbraham Dawes, gentleman [Davies]Thomas Brockett, gentleman [Brocket]George Bathe, fishmonger [Bache] John Dike, fishmongerHenrie SprangerRichard Farringdon [Farrington]Chistopher Vertue, vintenerThomas Baley, vintener [Bayley]George Robins, vintenerTobias Hinson, grocerUrian Spencer [Vrian]Clement Chachelley [Chicheley]John Searpe, gentleman [Scarpe]James Cambell, iremonnger [Campbell]Christopher Clitherowe, iremonnger [Clitheroe]Phillipp JacobsonPeter Jacobson, of AndwarpeWilliam Barckley [Berkeley]Miles Banck, cutler [Banks]Peter Highley, grocer [Higgons]Henrie John, gentlemanJohn Stoakley, merchauntailor [Stokeley]The companie of mercersThe companie of grocersThe companie of drapersThe company of fishmongersThe companie of gouldsmithesThe companie of skynnersThe companie merchauntailorsThe companie of haberdashersThe companie of saltersThe companie of iremongersThe companie of vintnersThe companie of clothworkersThe companie of dyersThe companie of bruers

The companie of lethersellersThe companie of pewterersThe companie of cutlersThe companie of whitebakersThe companie of waxchaundlersThe companie of tallowe chaundlersThe companie of armorersThe companie of girdlersThe companie of butchersThe companie of sadlersThe companie of carpentersThe companie of cordwaynersThe companie of barbor chirurgionsThe companie of painter staynersThe companie of curriersThe companie of masonsThe companie of plumbersThe companie of inholdersThe companie of foundersThe companie of poulterersThe companie of cookesThe companie of coopersThe companie of tylers and bncklayersThe companie of bowyersThe companie of RetchersThe companie of blacksmithesThe companie of joynersThe companie of weaversThe companie of wollmenThe companie of wood monnversThe companie of scrivenorsThe companie of fruterersThe companie of plasterersThe companie of brownebakersThe companie of stacionersThe companie of imbroderersThe companie of upholstersThe companie of musicionsThe companie of turnersThe companie of baskettmakersThe companie of glasiersJohn Levett, merchaunt [Levet]Thomas Nomicott, clothworker [Nomicot]Richard Venn, haberdasherThomas Scott, gentleman [Scot]Thomas Juxson, merchauntaylor [Juxon]George Hankinson

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Thomas Leeyer, gentleman [Seyer]Mathew CooperGorge Butler, gentlemanThomas Lawson, gentlemanEdward Smith, haberdasherStephen SparroweJohn Jones, merchaunt[John] Reynold, brewer [Reynolds]Thomas Plummer, merchauntJames Duppa, bruerRowland Coytemore [Coitmore]William Sotherne [Southerne]Gorge Whittmoore, haberdasher [Whitmore]Anthonie Gosoulde, the younger [Gosnold]John Allen, fishemongerJohn Kettlebye, gentleman [Kettleby]Symonde Yeomans, fishmonger [Simon]Richard Chene, gouldsmitheLauncelot Davis, gentleman [Clene]John Hopkins, an alderman of BristollGeorge Hooker, gentlernanRoberte Shevinge, yeoman [Chening]

And to such and so manie as they doe or shallhereafter admitt to be joyned with them, in forme hereaf-ter in theis presentes expressed, whether they goe in theirpersons to be planters there in the said plantacion, orwhether they goe not, but doe adventure their monyes,goods or chattels, that they shalbe one bodie orcommunaltie perpetuall and shall have perpetual succes-sion and one common seale to serve for the saide bodie orcommunaltie; and that they and their successors shalbeknowne, called and incorporated by the name of TheTresorer and Companie of Adventurers and Planters ofthe Citty of London for the Firste Collonie in Virginia.

And that they and their successors shalbe fromhensforth, forever enabled to take, acquire and purchase,by the name aforesaid (licens for the same from us, oureheires or successors first had and obtained) anie mannerof lands, tenements and hereditaments, goods and chat-tels, within oure realme of England and dominion ofWales; and that they and their successors shalbe likewiseenabled, by the name aforesaid, to pleade and to beimpleaded before anie of oure judges or justices, in anieoure courts, and in anie accions or suits whatsoever.

And wee doe also, of oure said speciall grace, certaineknowledge and mere mocion, give, grannte and confirmeunto the said Tresorer and Companie, and their succes-sors, under the reservacions, limittacions and declaracionshereafter expressed, all those lands, countries and territo-ries scituat, lieinge and beinge in that place of Americacalled Virginia, from the pointe of lande called Cape orPointe Comfort all alonge the seacoste to the northwardtwoe hundred miles and from the said pointe of CapeComfort all alonge the sea coast to the southward twoehundred miles; and all that space and circuit of landelieinge from the sea coaste of the precinct aforesaid uppunto the lande, throughoute, from sea to sea, west andnorthwest; and also all the island beinge within onehundred miles alonge the coaste of bothe seas of theprecincte aforesaid; togeather with all the soiles, groundes,havens and portes, mynes, aswell royall mynes of goldeand silver as other mineralls, pearles and precious stones,quarries, woods, rivers, waters, fishings, comodities, ju-risdictions, royalties, priviledges, franchisies andpreheminences within the said territorie and the pre-cincts there of whatsoever; and thereto or there abouts,both by sea and lande, beinge or in anie sorte belongingeor appertayninge, and which wee by oure lettres patentsmaie or cann graunte; and in as ample manner and sorteas wee or anie oure noble progenitors have heretoforegraunted to anie companie, bodie pollitique or corporate,or to anie adventurer or adventurers, undertaker or un-dertakers, of anie discoveries, plantacions or traffique of,in, or into anie forraine parts whatsoever; and in as largeand ample manner as if the same were herin particulerlymentioned and expressed: to have, houlde, possesse andenjoye all and singuler the said landes, countries andterritories with all and singuler other the premisses here-tofore by theis [presents] graunted or mencioned to begrannted, to them, the said Tresorer and Companie, theirsuccessors and assignes, forever; to the sole and properuse of them, the said Tresorer and Companie, their suc-cessors and assignes [forever], to be holden of us, oureheires and successors, as of oure mannour ofEstgreenewich, in free and common socage and not incapite; yeldinge and payinge, therefore, to us, oure heiresand successors, the fifte parte onlie of all oare of gouldand silver that from tvme to time, and at all times hereaf-ter, shalbe there gotton, had and obtained, for all mannerof service.

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And, nevertheles, oure will and pleasure is, and weedoe by theis presentes chardge, commannde, warrantand auctorize, that the said Tresorer and Companie andtheir successors, or the major parte of them which shall bepresent and assembled for that purpose, shall from timeto time under their common seale distribute, convey,assigne and set over such particuler porcions of lands,tenements and hereditaments, by theise presents for-merly grannted, unto such oure lovinge subjects naturallieborne of denizens, or others, aswell adventurers as plant-ers, as by the said Companie, upon a commission ofsurvey and distribucion executed and retourned for thatpurpose, shalbe named, appointed and allowed, whereinoure will and pleasure is, that respect be had as well of theproporcion of the adventure[r] as to the speciall service,hazarde, exploite or meritt of anie person so as to berecompenced, advannced or rewarded.

And for as muche as the good and prosperous successeof the said plantacion cannot but cheiflie depende, nextunder the blessinge of God and the supporte of oureroyall aucthoritie, upon the provident and good direccionof the whole enterprise by a carefull and understandingeCounsell, and that it is not convenient that all the adven-turers shalbe so often drawne to meete and assemble asshalbe requisite for them to have metings and conferenceaboute theire affaires, therefore we doe ordaine, establisheand confirme that there shalbe perpetually one Counsellhere resident, accordinge to the tenor of oure formerlettres patents, which Counsell shall have a seale for thebetter governement and administracion of the saidplantacion besides the legall seale of the Companie orCorporacion, as in oure former lettres patents is alsoexpressed.

And further wee establishe and ordaine thatHenrie, Earl of SouthamptonWilliam, Earl of PembrookeHenrie, Earl of LincolnThomas, Earl of ExeterRoberte, Lord Viscounte LisleLord Theophilus HowardJames, Lord Bishopp of Bathe and WellsEdward, Lord ZoucheThomas, Lord LawareWilliam, Lord MounteagleEdmunde, Lord Sheffeilde

Grey, Lord Shanndoys [Chandois]John, Lord StanhopeGeorge, Lord CarewSir Humfrey Welde, Lord Mayor of LondonSir Edward CecilSir William Waad [Wade]Sir Henrie NevillSir Thomas SmithSir Oliver CromwellSir Peter ManwoodSir Thomas ChallonerSir Henrie Hovarte [Hobart]Sir Franncis BaconSir George CoppinSir John ScottSir Henrie CareySir Roberte Drurie [Drury]Sir Horatio VereSir Eward Conwaye [Conway]Sir Maurice Berkeley [Barkeley]Sir Thomas GatesSir Michaele Sands [Sandys]Sir Roberte Mansfeild [Mansel]Sir John TrevorSir Amyas PrestonSir William GodolphinSir Walter CopeSir Robert KilligreweSir Henrie Faushawe [Fanshaw]Sir Edwyn Sandes [Sandys]Sir John WattsSir Henrie MontagueSir William RomneySir Thomas RoeSir Baptiste HicksSir Richard WilliamsonSir Stephen Powle [Poole]Sir Dudley DiggsChristopher Brooke, [Esq.]John Eldred, andJohn Wolstenholme

shalbe oure Counsell for the said Companie of Ad-venturers and Planters in Virginia.

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And the said Sir Thomas Smith wee ordaine to beTresorer of the said Companie, which Tresorer shall haveaucthoritie to give order for the warninge of the Counselland sommoninge the Companie to their courts and meet-ings.

And the said Counsell and Tresorer or anie of themshalbe from henceforth nominated, chosen, contynued,displaced, chaunged, altered and supplied, as death orother severall occasions shall require, out of the Companieof the said adventurers by the voice of the greater parte ofthe said Counsell and adventurers in their assemblie forthat purpose; provided alwaies that everie Councellor sonewlie elected shalbe presented to the Lord Channcellorof England, or to the Lord Highe Treasurer of England,or the Lord Chambleyne of the housholde of us, oureheires and successors, for the tyme beinge to take hisoathe of a Counsellor to us, oure heires and successors,for the said Companie and Collonie in Virginia.

And wee doe by theis presents, of oure especiallgrace, certaine knowledge and meere motion, for us, oureheires and successors, grannte unto the said Tresorer andCompanie and their successors, that if it happen at anietime or times the Tresorer for the tyme beinge to be sick,or to have anie such cause of absente from the cittie ofLondon as shalbe allowed by the said Counsell or thegreater parte of them assembled, so as he cannot attendethe affaires of that Companie, in everie such case it shalland maie be lawfull for such Tresorer for the tyme beingeto assigne, constitute and appointe one of the Counsell forCompanie to be likewise allowed by the Counsell or thegreater parte of them assembled to be the deputie Tresorerfor the said Companie; which Deputie shall have powerto doe and execute all things which belonge to the saidTresorer duringe such tyme as such Tresorer shalbe sickor otherwise absent, upon cause allowed of by the saidCounsell or the major parte of them as aforesaid, so fullieand wholie and in as large and ample manner and formeand to all intents and purposes as the said Tresorer if hewere present himselfe maie or might doe and execute thesame.

And further of oure especiall grace, certaine knowl-edge and meere mocion, for us, oure heires and succes-sors, wee doe by theis presents give and grannt full powerand aucthoritie to oure said Counsell here resident aswell

at this present tyme as hereafter, from time to time, tonominate, make, constitute, ordaine and confirme bysuch name or names, stile or stiles as to them shall seemegood, and likewise to revoke, dischardge, channge andalter aswell all and singuler governors, oficers and min-isters which alreadie hath ben made, as also which here-after shalbe by them thought fitt and meedefull to bemade or used for the government of the said Colonie andplantacion.

And also to make, ordaine and establishe all mannerof orders, lawes, directions, instructions, formes andceremonies of government and magistracie, fitt andnecessarie, for and concerninge the government of thesaid Colonie and plantacion; and the same att all tymeshereafter to abrogate, revoke or chaunge, not onely withinthe precincts of the said Colonie but also upon the seas ingoeing and cominge to and from the said Collonie, as theyin their good discrecions shall thinke to be fittest for [the]good of the adventurers and inhabiters there.

And we doe also declare that for divers reasons andconsideracions us thereunto especiallie moving, ourewill and pleasure is and wee doe hereby ordaine thatimediatlie from and after such time as anie such governouror principall officer so to be nominated and appointed byoure said Counsell for the governement of the said Colonie,as aforesaid, shall arive in Virginia and give notice untothe Collonie there resident of oure pleasure in thisbehalfe, the government, power and aucthority of thePresident and Counsell, heretofore by oure former lettrespatents there established, and all lawes and constitucionsby them formerlie made, shall utterly cease and be deter-mined; and all officers, governours and ministers for-merly constituted or appointed shalbe dischardged, aniethinge in oure said former lettres patents conserninge thesaid plantacion contayned in aniewise to the contrarienotwithstandinge; streightlie chardginge andcommaundinge the President and Counsell nowe resi-dent in the said Collonie upon their alleadgiance afterknowledge given unto them of oure will and pleasure bytheis presentes signified and declared, that they forthwith be obedient to such governor or governers as byoure said Counsell here resident shalbe named and ap-pointed as aforesaid; and to all direccions, orders andcommandements which they shall receive from them,aswell in the present resigninge and giveinge upp of their

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aucthoritie, offices, chardg and places, as in all otherattendannce as shalbe by them from time to time re-quired.

And wee doe further by theis presentes ordaine andestablishe that the said Tresorer and Counsell here resi-dent, and their successors or anie fower of them as-sembled (the Tresorer beinge one), shall from time to timehave full power and aucthoritie to admitt and receiveanie other person into their companie, corporacion andfreedome; and further, in a generall assemblie of theadventurers, with the consent of the greater parte upongood cause, to disfranchise and putt oute anie person orpersons oute of the said fredome and Companie.

And wee doe also grannt and confirme for us, oureheires and successors that it shalbe lawfull for the saidTresorer and Companie and their successors, by direccionof the Governors there, to digg and to serche for allmanner of mynes of goulde, silver, copper, iron, leade,tinne and other mineralls aswell within the precinctsaforesaid as within anie parte of the maine lande notformerly graunted to anie other; and to have and enjoyethe gould, silver, copper, iron, leade, and tinn, and allother mineralls to be gotten thereby, to the use andbehoofe of the said Companie of Planters and Adventur-ers, yeldinge therefore and payinge yerelie unto us, oureheires and successors, as aforesaid.

And wee doe further of oure speciall grace, certaineknowledge and meere motion, for us, oure heires andsuccessors, grannt, by theis presents to and withe the saidTresorer and Companie and their successors, that it shalbelawfull and free for them and their assignes at all andeverie time and times here after, oute of oure realme ofEngland and oute of all other [our] dominions, to takeand leade into the said voyage, and for and towards thesaid plantacion, and to travell thitherwards and to abideand inhabite therein the said Colonie and plantacion, allsuch and so manie of oure lovinge subjects, or anie otherstraungers that wilbecomme oure lovinge subjects andlive under oure allegiance, as shall willinglie accompaniethem in the said voyadge and plantation with sufficientshippinge armour, weapons, ordinannce, municion, pow-der, shott, victualls, and such merchaundize or wares asare esteemed by the wilde people in those parts, clothinge,implements, furnitures, catle, horses and mares, and all

other thinges necessarie for the said plantation and fortheir use and defence and trade with the people there,and in passinge and retourninge to and from withoutyeldinge or payinge subsedie, custome, imposicion, oranie other taxe or duties to us, oure heires or successors,for the space of seaven yeares from the date of theispresents; provided, that none of the said persons be suchas shalbe hereafter by speciall name restrained by us,oure heires or successors.

And for their further encouragement, of oure speciallgrace and favour, wee doe by theis present for us, oureheires and successors, yeild and graunte to and with thesaid Tresorer and Companie and their successors andeverie of them, their factors and assignes, that they andevery of them shalbe free and quiett of all subsedies andcustomes in Virginia for the space of one and twentieyeres, and from all taxes and imposicions for ever, uponanie goods or merchaundizes at anie time or times here-after, either upon importation thither or exportation fromthence into oure realme of England or into anie other ofoure [realms or] dominions, by the said Tresorer andCompanie and their successors, their deputies, factors[or] assignes or anie of them, except onlie the five poundper centum due for custome upon all such good andmerchanndizes as shalbe brought or imported into ourerealme of England or anie other of theis oure dominionsaccordinge to the auncient trade of merchannts, whichfive poundes per centum onely beinge paid, it shalbethensforth lawfull and free for the said Adventurers thesame goods [and] merchaundizes to export and carrieoute of oure said dominions into forraine partes withoutanie custome, taxe or other duty tO be paide to us oureheires or successors or to anie other oure officers ordeputies; provided, that the saide goods andmerchaundizes be shipped out within thirteene monethesafter their first landinge within anie parte of those domin-ions.

And wee doe also confirme and grannt to the saidTresorer and Companie, and their successors, as also toall and everie such governer or other officers and minis-ters as by oure said Counsell shalbe appointed, to havepower and aucthoritie of governement and commanndin or over the said Colonie or plantacion; that they andeverie of them shall and lawfullie maie from tyme to tymeand at all tymes forever hereafter, for their severall de-

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fence and safetie, enconnter, expulse, repell and resist byforce and armes, aswell by sea as by land, and all waiesand meanes whatsoever, all and everie such person andpersons whatsoever as without the speciall licens of thesaid Tresorer and Companie and their successors shallattempte to inhabite within the said severall precinctsand lymitts of the said Colonie and plantacion; and also,all and everie such person and persons whatsoever asshall enterprise, or attempte at anie time hereafter,destruccion, invasion, hurte, detriment or annoyannce tothe said Collonye and plantacion, as is likewise specifiedin the said former grannte.

And that it shalbe lawful for the said Tresorer andCompanie, and their successors and everie of them, fromtime to time and at all times hereafter, and they shall havefull power and aucthoritie, to take and surprise by allwaies and meanes whatsoever all and everie person andpersons whatsoever, with their shippes, goods and otherfurniture, traffiquinge in anie harbor, creeke or placewithin the limitts or precincts of the said Colonie andplantacion, [not] being allowed by the said Companie tobe adventurers or planters of the said Colonie, untill suchtime as they beinge of anie realmes or dominions underoure obedience shall paie or agree to paie, to the hands ofthe Tresorer or [of] some other officer deputed by the saidgovernors in Virginia (over and above such subsedie andcustome as the said Companie is or here after shalbe topaie) five poundes per centum upon all goods andmerchaundizes soe brought in thither, and also five percentum upon all goods by them shipped oute from thence;and being straungers and not under oure obedience untillthey have payed (over and above such subsedie andcustome as the same Tresorer and Companie and theirsuccessors is or hereafter shalbe to paie) tenn pounds percentum upon all such goods, likewise carried in and oute,any thinge in the former lettres patents to the contrarienot withstandinge; and the same sommes of monie andbenefitt as aforesaid for and duringe the space of one andtwentie yeares shalbe wholie imploied to the benefitt andbehoof of the said Colonie and plantacion; and after thesaide one and twentie yeares ended, the same shalbetaken to the use of us, oure heires or successors, by suchofficer and minister as by us, oure heires or successors,shalbe thereunto assigned and appointed, as is specifiedin the said former lettres patents.

Also wee doe, for us, oure heires and successors,declare by theis presents, that all and everie the personsbeinge oure subjects which shall goe and inhabit withinthe said Colonye and plantacion, and everie of theirchildren and posteritie which shall happen to be bornewithin [any] the lymitts thereof, shall have [and] enjoyeall liberties, franchesies and immunities of free denizensand naturall subjects within anie of oure other dominionsto all intents and purposes as if they had bine abidingeand borne within this oure kingdome of England or inanie other of oure dominions.

And forasmuch as it shalbe necessarie for all such ourlovinge subjects as shall inhabitt within the said precinctsof Virginia aforesaid to determine to live togither in thefeare and true woorshipp of Almightie God, Christianpeace and civill quietnes, each with other, whereby everieone maie with more safety, pleasure and profitt enjoyethat where unto they shall attaine with great paine andperill, wee, for us, oure heires and successors, are like-wise pleased and contented and by theis presents doegive and graunte unto the said Tresorer and Companieand their successors and to such governors, officers andministers as shalbe, by oure said Councell, constitutedand appointed, accordinge to the natures and lymitts oftheir offices and places respectively, that they shall andmaie from time to time for ever hereafter, within the saidprecincts of Virginia or in the waie by the seas thither andfrom thence, have full and absolute power and aucthorityto correct, punishe, pardon, governe and rule all such thesubjects of us, oure heires and successors as shall fromtime to time adventure themselves in anie voiadge thitheror that shall at anie tyme hereafter inhabitt in the pre-cincts and territorie of the said Colonie as aforesaid,accordinge to such order, ordinaunces, constitution, di-rections and instruccions as by oure said Counsell, asaforesaid, shalbe established; and in defect thereof, incase of necessitie according to the good discretions of thesaid governours and officers respectively, aswell in casescapitall and criminall as civill, both marine and other, soalwaies as the said statuts, ordinannces and proceedingesas neere as convenientlie maie be, be agreable to thelawes, statutes, government and pollicie of this ourerealme of England.

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And we doe further of oure speciall grace, certeineknowledge and mere mocion, grant, declare and ordainethat such principall governour as from time to time shalldulie and lawfullie be aucthorised and appointed, inmanner and forme in theis presents heretofore expressed,shall [have] full power and aucthoritie to use and exercisemarshall lawe in cases of rebellion or mutiny in as largeand ample manner as oure leiutenant in oure countieswithin oure realme of England have or ought to have byforce of their comissions of lieutenancy. And further-more, if anie person or persons, adventurers or planters,of the said Colonie, or anie other at anie time or timeshereafter, shall transporte anie monyes, goods ormarchaundizes oute of anie [of] oure kingdomes with apretence or purpose to lande, sell or otherwise disposethe same within the lymitts and bounds of the saidCollonie, and yet nevertheles beinge at sea or after hehath landed within anie part of the said Colonie shallcarrie the same into anie other forraine Countrie, with apurpose there to sell and dispose there of that, then all thegoods and chattels of the said person or persons sooffendinge and transported, together with the shipp orvessell wherein such transportacion was made, shalbeforfeited to us, oure heires and successors.

And further, oure will and pleasure is, that in allquestions and doubts that shall arrise upon anie difficultieof construccion or interpretacion of anie thinge containedeither in this or in oure said former lettres patents, thesame shalbe taken and interpreted in most ample andbeneficiall manner for the said Tresorer and Companieand their successors and everie member there of.

And further, wee doe by theis presents ratifie andconfirme unto the said Tresorer and Companie and theirsuccessors all privuleges, franchesies, liberties andimmunties graunted in oure said former lettres patentsand not in theis oure lettres patents revoked, altered,channged or abridged.

And finallie, oure will and pleasure is and wee doefurther hereby for us, oure heires and successors grannteand agree, to and with the said Tresorer and Companieand their successors, that all and singuler person andpersons which shall at anie time or times hereafter adven-ture anie somme or sommes of money in and towards thesaid plantacion of the said Colonie in Virginia and shalbe

admitted by the said Counsell and Companie as adven-turers of the said Colonie, in forme aforesaid, and shalbeenrolled in the booke or record of the adventurers of thesaid Companye, shall and maie be accompted, accepted,taken, helde and reputed Adventurers of the said Collonieand shall and maie enjoye all and singuler grannts,priviledges, liberties, benefitts, profitts, commodities [andimmunities], advantages and emoluments whatsoever asfullie, largely, amplie and absolutely as if they and everieof them had ben precisely, plainely, singulerly and dis-tinctly named and inserted in theis oure lettres patents.

And lastely, because the principall effect which weecann desier or expect of this action is the conversion andreduccion of the people in those partes unto the trueworshipp of God and Christian religion, in which respectwee would be lothe that anie person should be permittedto passe that wee suspected to affect the superstitions ofthe Churche of Rome, wee doe hereby declare that it isoure will and pleasure that none be permitted to passe inanie voiadge from time to time to be made into the saidecountrie but such as firste shall have taken the oath ofsupremacie, for which purpose wee doe by theise pre-sents give full power and aucthoritie to the Tresorer forthe time beinge, and anie three of the Counsell, to tenderand exhibite the said oath to all such persons as shall atanie time be sent and imploied in the said voiadge.

Although expresse mention [of the true yearly valueor certainty of the premises, or any of them, or of anyother gifts or grants, by us or any of our progenitors orpredecessors, to the aforesaid Treasurer and Companyheretofore made, in these presents is not made; or any act,statute, ordinance, provision, proclamation, or restraint,to the contrary hereof had, made, ordained, or provided,or any other thing, cause, or matter, whatsoever, in anywise notwithstanding.] In witnes whereof [we have causedthese our letters to be made patent. Witness ourself atWestminster, the 23d day of May (1609) in the seventhyear of our reign of England, France, and Ireland, and ofScotland the ****]

Per ipsum Regem exactum.

British Public Record Office, Chancery Patent Rolls(c. 66), 1796, 5; William Stith, The History of the FirstDiscovery and Settlement of Virginia (Williamsburg, Printed

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by William Parks, 1747; New York, 1865), Appendix, pp.8-22 (1-32 in 1865 edition); William Waller Hening, comp.,The Statutes at Large; Being a Collection of All the Laws ofVirginia, From the First Session of the Legislature, in the Year1619 (13 vols., Richmond, 1809-23), I, 80-98. Heningobtained the full charter texts from Stith.

Scanned from The Three Charters of the Virginia Com-pany of London, with Seven Related Documents: 1606-1621,edited and with an introduction by Samuel M. Bemiss(Williamsburg, Va., 350th Anniversary Celebration Cor-poration, 1957). This small volume contains the mostcomplete and accurate texts of all the Virginia charters.The text of the charters is in the public domain and notprotected by copyright. Included in this publication isthe text of the documents and none of Mr. Bemiss’seditorial notes. (Mr. Bemiss did point out some personalnames that appear in Stith but not in the British PublicRecord Office copy.) Be aware that the scanned text isverbatim, with no correction of spelling errors or transla-tion of archaic words into modern English.

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James, by the grace of God [King of England, Scot-land, France and Ireland, Defender of the Faith;] to all towhom [these presents shall come,] greeting. Whereas atthe humble suite of divers and sundry our lovinge sub-jects, aswell adventurers as planters of the First Coloniein Virginia, and for the propagacion of Christian religionand reclayminge of people barbarous to civilitie andhumanitie, we have by our lettres patent bearing date atWestminster the three and twentieth daie of May in theseaventh yeare of our raigne of England, Frannce andIreland, and the twoe and fortieth of Scotland, given andgrannted unto them, that they and all suche and soemanie of our loving subjects as shold from time to time forever after be joyned with them as planters or adventurersin the said plantacion, and their successors for ever, sholdbe one body politique incorporated by the name of TheTreasorer and Planters of the Cittie of London for the FirstColonie in Virginia;

And whereas allsoe for the greater good and benefittof the said Companie and for the better furnishing andestablishing of the said plantacion we did further [give],grannte and confirme by our said lettres patent unto thesaid Treasorer and Companie and their successors forever, all those landes, contries and territories scituate,lyeing and being in that part of America called Virginia,from the point of land called Cape [or] Pointe Comfort allalong the seacoste to the northward twoe hundred miles,and from the said point of Cape Comfort all along theseacoste to the sowthward twoe hundred miles, and allthe space and circuit of land lying from the sea coste of theprecinct aforesaid up or into the land throughout fromsea to sea, west and northwest, and allso all the islandeslying within one hundred miles along the coast of boththe seas of the precinct aforsaid, with diverse other grannts,liberties, franchises, preheminences, privileges, profiitts,benefitts, and commodities, grannted in and by our saidlettres patent to the said Tresorer and Companie, andtheir successors, for ever:

Now for asmuchas we are given to undestande thatin these seas adjoyning to the said coast of Virginia andwithout the compasse of those twoe hundred miles by ussoe grannted unto the said Treasurer and Companie asaforesaid, and yet not farr distant from the said Colony inVirginia, there are or may be divers islandes lying deso-late and uninhabited, some of which are already made

knowne and discovered by the industry, travell, andexpences of the said Company, and others allsoe aresupposed to be and remaine as yet unknowen and undis-covered, all and every of which itt maie importe the saidColony both in safety and pollecy of trade to populateand plant, in regard where of, aswell for the preventing ofperill as for the better comodity and prosperity of the saidColony, they have bin humble suitors unto us that wewold be pleased to grannt unto them an inlardgement ofour said former lettres patent, aswell for a more ampleextent of their limitts and territories into the seas adjoyningto and uppon the coast of Virginia as allsoe for some othermatters and articles concerning the better government ofthe said Company and Collony, in which point our saidformer lettres patents doe not extende soe farre as timeand experience hath found to be needfull and convenient:

We, therefore, tendring the good and happy successeof the said plantacion both in respect of the generall wealeof humane society as in respect of the good of our owneestate and kingedomes, and being willing to givefurtherannt untoall good meanes that may advannce thebenefitt of the said Company and which maie secure thesafety of our loving subjects, planted in our said Colonyunder the favour and proteccion of God Almighty and ofour royall power and authority, have therefore of ourespeciall grace, certein knowledge and mere mocion,given, grannted and confirmed, and for us, our heires andsuccessors we doe by theis presents, give, grannt andconfirme unto the said Treasurer and Company of Ad-venturers and Planters of the said Citty of London for theFirst Colony in Virginia, and to their heires and succes-sors for ever, all and singuler the said iselandes [whatso-ever] scituat and being in anie part of the said oceanbordering upon the coast of our said First Colony inVirginia and being within three hundred leagues of aniethe partes hertofore grannted to the said Treasorer andCompany in our said former lettres patents as aforesaid,and being within or betweene the one and fortie andthirty degrees of Northerly latitude, together with all andsinguler [soils] landes, groundes, havens, ports, rivers,waters, fishinges, mines and mineralls, aswell royal minesof gold and silver as other mines and mineralls, perles,precious stones, quarries, and all and singuler othercommodities, jurisdiccions, royalties, priviledges, fran-chises and preheminences, both within the said tract oflande uppon the maine and allso within the said iselandes

March 12, 1612

The Third Charter

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and seas adjoyning, whatsoever, and thereunto or thereabouts both by sea and land being or scituat; and which,by our lettres patents, we maie or cann grannt and in asample manner and sort as we or anie our noble progeni-tors have heretofore grannted to anie person or personsor to anie Companie, bodie politique or corporate or toany adventurer or adventurers, undertaker or undertak-ers of anie discoveries, plantacions or traffique, of, in, orinto anie foreigne parts whatsoever, and in as lardge andample manner as if the same were herein particularlynamed, mencioned and expressed: provided allwaiesthat the said iselandes or anie the premisses hereinmencioned and by theis presents intended and meant tobe grannted be not already actually possessed or inhab-ited by anie other Christian prince or estate, nor be withinthe bounds, limitts or territories of the Northerne Colonie,hertofore by us grannted to be planted by divers of ourloving subjects in the northpartes of Virginia. To haveand to hold, possesse and injoie all and singuler the saidiselandes in the said ocean seas soe lying and borderinguppon the coast or coasts of the territories of the said FirstColony in Virginia as aforesaid, with all and singuler thesaid soiles, landes and groundes and all and singularother the premisses heretofore by theis presents grannted,or mencioned to be grannted, to them, the said Treasurerand Companie of Adventurers and Planters of the Cittieof London for the First Colonie in Virginia, and to theirheires, successors and assignes for ever, to the sole andproper use and behoofe of them, the said Treasurer andCompanie and their heires, successores and assignes forever; to be holden of us, our heires and successors as ofour mannor of Eastgreenwich, in free and common soc-cage and not in capite, yealding and paying therefore, tous, our heires and successors, the fifte part of the oare ofall gold and silver which shalbe there gotten, had orobteined for all manner of services, whatsoever.

And further our will and pleasure is, and we doe bytheis presents grannt and confirme for the good andwelfare of the said plantacion, and that posterity maiehereafter knowe whoe have adventured and not binsparing of their purses in such a noble and generousaccion for the generall good of theire cuntrie, and at therequest and with the consent of the Companie afore said,that our trusty and welbeloved subjects.

George, Lord Archbishopp of CanterburyGilbert, Earle of ShrewsberryMary, Countesse of ShrewesElizabeth, Countesse of DerbyMargarett, Countesse of ComberlandHenry, Earle of HuntingdonEdward, Earle of BeddfordLucy, Countesse of BedfordMarie, Countesse of PembrokeRichard, Earle of ClanrickardLady Elizabeth GraieWilliam, Lord Viscount CrambomeWilliam, Lord Bishopp of DuresmeHenry, Lord Bishopp of WorceterJohn, Lord Bishopp of OxonfordWilliam, Lord PagettDudley, Lord NorthFranncis, Lord NorriesWilliam, Lord KnollisJohn, Lord HarringtonRobert, Lord SpencerEdward, Lord DennyWilliam, Lord CavendisheJames, Lord HayElianor, Lady Cave [Carre]Maistres Elizabeth Scott, widdowEdward Sackvill, EsquierSir Henry Nevill, of Aburgavenny, KnightSir Robert Riche, KnightSir John Harrington, KnightSir Raphe Wimwood, KnightSir John Graie, KnightSir Henry Riche, KnightSir Henry Wotton, KnightPeregrine Berly, Esquier [Berty]Sir Edward Phelipps, Knight, Maister of the RollsSir Moile Finche, KnightSir Thomas Mansell, KnightSir John St. John, KnightSir Richard Spencer, KnightSir Franncis Barrington, KnightSir George Carie of Devonshire, KnightSir William Twisden, KnightSir John Leveson, KnightSir Thomas Walsingham, KnightSir Edward Care, KnightSir Arthure Manwaringe, Knight

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Sir Thomas Jermyn, KnightSir Valentine Knightley, KnightSir John Dodderidge, KnightSir John Hungerford, KnightSir John Stradling, KnightSir John Bourchidd, Knight [Bourchier]Sir John Bennett, KnightSir Samuel Leonard, KnightSir Franncis Goodwin, KnightSir Wareham St. Legier, KnightSir James Scudamore, KnightSir Thomas Mildmaie, KnightSir Percivall Harte, KnightSir Percivall Willoughby, KnightSir Franncis Leigh, KnightSir Henry Goodere, KnightSir John Cutt, KnightSir James Parrett, KnightSir William Craven, KnightSir John Sammes, KnightSir Carey Raleigh, KnightSir William Maynard, KnightSir Edmund Bowyer, KnightSir William Cornewallis, KnightSir Thomas Beomont, KnightSir Thomas Cunningsby, KnightSir Henry Beddingfeild, KnightSir David Murray, KnightSir William Poole, KnightSir William Throgmorton, KnightSir Thomas Grantham, KnightSir Thomas Stewkley, KnightSir Edward Heron, KnightSir Ralph Shelten, KnightSir Lewes Thesam, KnightSir Walter Aston, KnightSir Thomas Denton, KnightSir Ewstace Hart, KnightSir John Ogle, KnightSir Thomas Dale, KnightSir William Boulstrod, KnightSir William Fleetwood, KnightSir John Acland, KnightSir John Hanham, KnightSir Roberte Meller, Knight [Millor]Sir Thomas Wilford, KnightSir William Lower, Knight

Sir Thomas Lerdes, Knight [Leedes]Sir Franncis Barneham, KnightSir Walter Chate, KnightSir Thomas Tracy, KnightSir Marmaduke Darrell, KnightSir William Harrys, KnightSir Thomas Gerrand, KnightSir Peter Freetchvile, KnightSir Richard Trevor, KnightSir Amias BamfeildSir William Smith of Essex, KnightSir Thomas Hewett, KnightSir Richard Smith, KnightSir John Heyward, KnightSir Christopher Harris, KnightSir John Pettus, KnightSir William Strode, KnightSir Thomas Harfleet, KnightSir Walter Vaughan, KnightSir William Herrick, KnightSir Samuell Saltonstall, KnightSir Richard Cooper, KnightSir Henry Fane, KnightSir Franncis Egiok, KnightSir Robert Edolph, KnightSir Arthure Harries, KnightSir George Huntley, KnightSir George Chute, KnightSir Robert Leigh, KnightSir Richard Lovelace, KnightSir William Lovelace, KnightSir Robert Yaxley, KnightSir Franncis Wortley, KnightSir Franncis Heiborne, KnightSir Guy Palme, KnightSir Richard Bingley, KnightSir Ambrose Turvill, KnightSir Nicholas Stoddard, KnightSir William Gree, KnightSir Walter Coverte, KnightSir Thomas Eversfeild, KnightSir Nicholas Parker, KnightSir Edward Culpeper, KnightSir William Ayliffe, Knight, andSir John Keile, KnightDoctor George Mountaine, Dean of WestminsterLawrence Bohan, Docktor in Phisick

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Anthony Hinton, Doctor in PhisickJohn PawlettArthure IngramAnthony IrbyJohn WeldJohn WalterJohn HarrisAnthony DyottWilliam RavenscrofteThomas WarreWilliam HackwillLawrence HideNicholas HideThomas StevensFranncis TateThomas CoventryJohn HareRobert AskwithGeorge SanndysFranncis JonesThomas WentworthHenry CromewellJohn ArundellJohn CulpeperJohn HoskinsWalter Fitz WilliamsWalter KirkhamWilliam RoscarrockRichard CarmerdonEdward CarneThomas MerryNicholas LichfeildJohn MiddletonJohn Smithe, andThomas Smith, the sonnes of Sir Thomas SmithPeter FrankeGeorge GerrandGregory SprynteJohn DrakeRoger PulestonOliver NicholasRichard Nunnington [Monyngton]John VaughanJohn EvelinLamorock StradlingJohn RiddallJohn Kettleby

Warren TownsendLionell CranfeildEdward SalterWilliam LittonHumfrey MayGeorge ThorpeHenry Sandys, andEdwin Sandys, the sonnes of Sir Edwin SandysThomas ConwayCaptaine Owen GwinnCaptaine Giles HawkridgeEdward DyerRichard ConnockBenjamin BrandRichard Leigh, andThomas Pelham, EsquiersThomas Digges, andJohn Digges, Esquiers, the sonnes of

Sir Dudley Diggs,Franncis BradleyRichard Buckminster [Buck]Franncis BurleyJohn ProcterThomas Frake, thelder, andHenry Freake, thelder, Ministers of God’s wordThe mayor and citizens of ChichesterThe mayor and jurates of DoverThe bailiffs, burgesses and comonalty of IpswichThe mayor and comunalty of Lyme RegisThe mayor and comonalty of SandwichThe wardens, assistants and companie of the

Trinity HouseThomas MartinFranncis SmalemanAugustine StewardRichard TomlinsHumfrey JobsonJohn LegateRobert Backley [Barkley]John CroweEdward Backley [Barkley]William Flett [Fleet]Henry WolstenholmeEdmund AlleynGeorge TuckerFranncis GlanvilleThomas Gouge

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John EvelinWilliam HallJohn SmitheGeorge SammsJohn RobinsonWilliam TuckerJohn Wolstenholme, and

Henry Wolstenholme, sonnes ofJohn Wolstenholme, EsquierWilliam HodgesJonathan Mattall [Nuttall]Phinees PettCaptaine John KingeCaptaine William BeckGiles AlingtonFranncis Heiton, andSamuell Holliland, gentlemanRichard ChamberlaineGeorge ChamberlaineHewett StaperHumfrey HandfordRaph FreemanGeorge Twinhoe [Swinhoe]Richard PigottElias RobertsRoger HarrisDevereux WoganEdward BaberWilliam GreenewellThomas StillesNicholas HookerRobert GarsettThomas CordellWilliam BrightJohn ReynoldPeter BartleyJohn WillettHumfry SmitheRoger DyeNicholas LeateThomas WaleLewes TateHumfrey MerrettRoberte PeakePowell IsaacksonSebastian ViccarsJarvis Mundes

Richard WamerGresham Hogan WarnerDaniell DeruleyAndrew TroughtonWilliam BarrettThomas HodgesJohn DownesRichard HarperThomas FoxallWilliam HaseldenJames HarrisonWilliam BurrellJohn HodsallRichard FisborneJohn MillerEdward CookeRichard Hall, marchauntRichard Hall, ankersmithJohn DelbridgeRichard FrancklinEdmund ScottJohn BrittenRobert StrattEdmund PondEdward JamesRobert BellRichard HerneWilliam FerrersWilliam MillettAnthony AbdyRoberte GoreBenjamin DecrowHenry Tunbedey [Timberly]Humfrey BasseAbraham SpeckartRichard MoorerWilliam ComptonRichard Poulsoune [Pontsonne]William WolastonJohn Desmont, clothier [Beomont]Alexannder ChildeWilliam Fald, fishmongerFranncis BaldwinJohn Jones, marchantThomas PlomerEdward Plomer, marchantsJohn Stoickden

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Robert TindallPeter ErundellRuben BourneThomas Hampton, andFranncis Carter, citizens of London,

whoe since our said last lettres patent are becomeadventurers and have joined themselves with the formeradventurers and planters of the said Companie andsocietie, shall from henceforth be reputed, deemed andtaken to be and shalbe brethren and free members of theCompanie and shall and maie, respectively, and accord-ing to the proportion and value of their severall adven-tures, have, hold and enjoie all suche interest, right, title,priviledges, preheminences, liberties, franchises, immu-nities, profitts and commodities whatsoever in as lardge,ample and beneficiall manner to all intents, construccionsand purposes as anie other adventures nominated andexpressed in anie our former lettres patent, or anie ofthem have or maie have by force and vertue of theispresents, or anie our former lettres patent whatsoever.

And we are further pleased and we doe by theispresents grannt and confirm that

Phillipp, Earle of MontgomeryWilliam, Lord PagetSir John Harrington, KnightSir William Cavendish, KnightSir John Sammes, KnightSir Samuell Sandys, KnightSir Thomas Freke, KnightSir William St. John, KnightSir Richard Grobham, KnightSir Thomas Dale, KnightSir Cavalliero Maycott, KnightRichard Martin, EsquierJohn Bingley, EsquierThomas Watson, Esquier, andArthure Ingram, Esquier,

whome the said Treasurer and Companie have, sincethe said [last] lettres patent, nominated and sett downe asworthy and discreete persons fitt to serve us as Counsel-lors, to be of our Counsell for the said plantacion, shalbereputed, deemed and taken as persons of our said Councellfor the said First Colonie in such manner and sort to allintents and purposes as those whoe have bin formerly

ellected and nominated as our Counsellors for that Colonieand whose names have bin or are incerted and expressedin our said former lettres patent.

And we doe hereby ordaine and grannt by theispresents that the said Treasurer and Companie of Adven-turers and Planters, aforesaid, shall and maie, once everieweeke or oftener at their pleasure, hold and keepe a courtand assembly for the better ordening [ordering] andgovernment of the said plantacion and such thinges asshall concerne the same; and that anie five persons of thesaid Counsell for the said First Collonie in Virginia, forthe time being, of which Companie the Treasurer or hisdeputie allwaies to be one, and the nomber of fifteeneothers at the least of the generality of the said Companieassembled together in such court or assembly in suchmanner as is and hath bin heretofore used and accus-tomed, shalbe said, taken, held and reputed to be andshalbe a full and sufficient court of the said Companie forthe handling, ordring and dispatching of all such casualland particuler occurrences and accidentall matters oflesse consequence and waight, as shall from time to timehappen, touching and concerning the said plantacion.

And that, nevertheles, for the handling, ordring anddisposing of matters and affaires of great waight andimportance and such as shall or maie in anie sort concernethe weale publike and generall good of the said Companieand plantacion as namely, the manner of governmentfrom time to time to be used, the ordring and disposing ofthe said possessions and the setling and establishing of atrade there, or such like, there shalbe held and kept everieyeare uppon the last Wednesdaie save one of Hillary,Easter, Trinity and Michaelmas termes, for ever, onegreat, generall and solemne assembly, which fowerseverall assemblies shalbe stiled and called The FowerGreat and Generall Courts of the Counsell and Companieof Adventurers for Virginia; in all and every of whichsaid great and generall Courts soe assembled our will andpleasure is and we doe, for us, our heires and successorsforever, give and grannt to the said Treasurer andCompanie and their successors for ever by theis presents,that they, the said Treasurer and Companie or the greaternomber of them soe assembled, shall and maie have fullpower and authoritie from time to time and att all timeshereafter to ellect and choose discreet persons to be of our[said] Counsell for the said First Colonie in Virginia and

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to nominate and appoint such officers as theie shallthinke fitt and requisit for the government, managing,ordring and dispatching of the affaires of the saidCompanie; and shall likewise have full power and au-thority to ordaine and make such lawes and ordinancesfor the good and wellfare of the said plantacion as to themfrom time to time shalbe thought requisite and meete: soeallwaies as the same be not contrary to the lawes andstatutes of this our realme of England; and shall in likemanner have power and authority to expulse, disfran-chise and putt out of and from their said Companie andsocietie for ever all and everie such person and persons ashaving either promised or subscribed their names tobecome adventurers to the said plantacion of the saidFirst Colonie in Virginia, or having bin nominated foradventurers in theis or anie our lettres patent or havingbin otherwise admitted and nominated to be of the saidCompanie, have nevertheles either not putt in anie ad-venture [at] all for and towards the said plantacion or elshave refused and neglected, or shall refuse and neglect, tobringe in his or their adventure by word or writingpromised within sixe monthes after the same shalbe soepayable and due.

And wheras the failing and nonpaiment of suchmonies as have bin promised in adventure for theadvanncement of the said plantacion hath bin often byexperience found to be danngerous and prejudiciall tothe same and much to have hindred the progresse andproceeding of the said plantacion; and for that itt seemethto us a thing reasonable that such persons as by theirhandwriting have engaged themselves for the paymentof their adventures, and afterwards neglecting their faithand promise, shold be compellable to make good andkepe the same; therefore our will and pleasure is that inanie suite or suites comenced or to be comenced in anie ofour courts att Westminster, or elswhere, by the saidTreasurer and Companie or otherwise against anie suchpersons, that our judges for the time being both in ourCourt of Channcerie and at the common lawe doe favourand further the said suits soe farre forth as law and equitiewill in anie wise suffer and permitt.

And we doe, for us, our heires and successors, furthergive and grannt to the said Tresorer and Companie, andtheir successors for ever, that theie, the said Tresorer andCompanie or the greater part of them for the time being,

so in a full and generall court assembled as aforesaid shalland maie, from time to time and att all times hereafter, forever, ellect, choose and permitt into their Company andsociety anie person or persons, as well straungers andaliens borne in anie part beyond the seas wheresoever,being in amity with us, as our naturall liedge subjectsborne in anie our realmes and dominions; and that allsuch persons soe elected, chosen and admitted to be of thesaid Companie as aforesaid shall thereuppon be taken,reputed and held and shalbe free members of the saidCompanie and shall have, hold and enjoie all and singulerfreedoms, liberties, franchises, priviledges, immunities,benefitts, profitts and commodities, whatsoever, to thesaid Companie in anie sort belonging or apperteining asfully, freely [and] amplie as anie other adventurer oradventurers now being, or which hereafter att anie timeshalbe, of the said Companie, hath, have, shall, maie,might or ought to have or enjoy the same to all intents andpurposes whatsoever.

And we doe further of our speciall grace, certaineknowledge and mere mocion, for us, our heires andsuccessors, give and grantt to the said Tresorer andCompanie and their successors, for ever by theis present,that itt shalbe lawfull and free for them and their assignesatt all and everie time and times hereafter, out of anie ourrealmes and dominions whatsoever, to take, lead, carryand transport in and into the said voyage and for andtowards the said plantacion of our said First Collonie inVirginia, all such and soe manie of our loving subjects oranie other straungers that will become our loving sub-jects and live under our allegiance as shall willinglyaccompanie them in the said voyage and plantacion; withshipping, armour, weapons, ordinannce, munition, pow-der, shott, victualls, and all manner of merchandizes andwares, and all manner of clothing, implement, furniture,beasts, cattell, horses, mares, and all other thingesnecessarie for the said plantacion and for their use anddefence, and for trade with the people there and inpassing and retourning to and froe, without paying oryealding anie subsedie, custome or imposicion, eitherinward or outward, or anie other dutie to us, our heires orsuccessors, for the same, for the space of seven yearesfrom the date of theis present.

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And we doe further, for us, our heires and successors,give and grannt to the said Treasurer and Companie andtheir successors for ever, by theis present, that the saidTreasurer of the said Companie, or his deputie for thetime being or anie twoe others of our said Counsell for thesaid First Colonie in Virginia for the time being, shall andmaie attall times hereafter and from time to time, havefull power and authoritie to minister and give the oathand oathes of supremacie and allegiannce, or either ofthem, to all and every person and persons which shall, atanie time and times hereafter, goe or passe to the saidColonie in Virginia:

And further, that itt shalbe likewise lawfull for thesaid Tresorer, or his deputy for the time, or anie twoeothers of our said Counsell for the said First Colonie inVirginia, for the time being, from time to time and att alltimes hereafter, to minister such a formall oathe as bytheir discrescion shalbe reasonably devised, aswell untoanie person or persons imployed or to be imployed in, for,or touching the said plantacion for their honest, faithfulland just dischardge of their service in all such matters asshalbe committed unto them for the good and benefitt ofthe said Company, Colonie and plantacion; as alsoe untosuch other person or persons as the said Treasurer or hisdeputie, with twoe others of the said Counsell, shallthinke meete for the examinacion or clearing of the truithin anie cause whatsoever concerninge the said plantacionor anie business from thence proceeding or there untoproceeding or thereunto belonging.

And, furthermore, whereas we have ben certefiedthat diverse lewde and ill disposed persons, both sailors,souldiers, artificers, husbandmen, laborers, and others,having received wages, apparrell or other entertainmentfrom the said Company or having contracted and agreedwith the said Companie to goe, to serve, or to be imployedin the said plantacion of the said First Colonie in Virginia,have afterwards either withdrawen, hid or concealedthemselves, or have refused to goe thither after they havebin soe entertained and agreed withall; and that diversand sundry persons allso which have bin sent andimployed in the said plantacion of the said First Coloniein Virginia at and upon the chardge of the said Companie,and having there misbehaved themselves by mutinies,sedition, and other notorious misdemeanors, or havingbin employed or sent abroad by the governor of Virginia

or his deputie with some ship or pinnace for provisionsfor the said Colonie, or for some discoverie or otherbuisines and affaires concerning the same, have fromthence most trecherouslie either come back againe andretorned into our realme of England by stelth or withoutlicence of our Governor of our said Colonie in Virginia forthe time being, or have bin sent hither as misdoers andoffenders; and that manie allsoe of those persons aftertheir retourne from thence, having bin questioned by oursaid Counsell here for such their misbehaviors and of-fences, by their insolent and contemptuous carriage inthe presence of our said Counsaile, have shewed littlerespect and reverence, either to the place or authoritie inwhich we have placed and appointed them; and others,for the colouring of their lewdnes and misdemeanorscommitted in Virginia, have endeavored them by mostvile and slanndrous reports made and divulged, aswellof the cuntrie of Virginia as alsoe of the government andestate of the said plantacion and Colonie, as much as inthem laie, to bring the said voyage and plantacion intodisgrace and contempt; by meanes where of not only theadventures and planters alreadie ingaged in the saidplantacion have bin exceedingly abused and hindred,and a greate nomber of other our loving and welldisposedsubjects otherwise well affected and inclyning to joineand adventure insoe noble, Christian and worthie anaction have bin discouraged from the same, but allsoe theutter overthrow and ruine of the said enterprise hath bingreatlie indanngered which cannott miscarrie withoutsome dishonor to us and our kingdome;

Now, for asmuch as it appeareth unto us that theisinsolences, misdemeanors and abuses, not to be tolleratedin anie civill government, have for the most part growneand proceeded inregard of our Counsaile have not aniedirect power and authoritie by anie expresse wordes inour former lettres patent to correct and chastise suchoffenders, we therefore, for the more speedy reformacionof soe greate and enormous abuses and misdemeanorsheretofore practised and committed, and for the prevent-ing of the like hereafter, doe by theis present for us, ourheires and successors, give and grannt to the said Trea-surer and Companie, and their successors for ever, that ittshall and maie be lawfull for our said Councell for thesaid First Colonie in Virginia or anie twoe of them,whereof the said Tresorer or his deputie for the timebeing to be allwaies one by warrant under their handes to

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send for, or cause to be apprehended, all and every suchperson and persons who shalbe noted or accused orfound, att anie time or times here after, to offend ormisbehave themselves in anie the offences beforemencioned and expressed; and uppon the examinacionof anie such offender or offendors and just proofe madeby oath taken before the Counsaile of anie such notoriousmisdemeanors by them committed as aforesaid; andallsoe uppon anie insolent, contemptuous or unreverentcarriage and misbehavior to or against our said Counsellshewed or used by anie such person or persons soe called,convented and apearing before them as aforesaid; that inall such cases theie, our said Counsell or anie twoe ofthem for the time being, shall and maie have full powerand authoritie either here tO binde them over with goodsuerties for their good behaviour and further therein toproceed to all intents and purposes, as itt is used in otherlike cases within our realme of England; or ells att theirdiscrescion to remannd and send back the said offendersor anie of them unto the said Colonie in Virginia, there tobe proceeded against and punished as the Governor,deputie and Counsell there for the time being shall thinkemeete; or otherwise, according to such lawes andordinannces as are or shalbe in use there for the wellordring and good governement of the said Colonie.

And, for the more effectuall advanncing of the saidplantacion, we doe further, for us, our heires and succes-sors, of our especiall grace and favour, by vertue of ourprorogative royall and by the assent and consent of theLordes and others of our Privie Counsalle, give andgrannte unto the said Tresorer and Companie full powerand authoritie, free leave, libertie and licence to sett forth,errect and publishe one or more lotterie or lotteries tohave continuance and to [endure] and be held for thespace of one whole yeare next after the opening of thesame, and after the end and expiracion of the said termethe said lotterie or lotteries to continue and be furtherkept, during our will and pleasure onely and not other-wise. And yet, nevertheles, we are contented and pleased,for the good and wellfare of the said plantacion, that thesaid Tresorer and Companie shall, for the dispatch andfinishing of the said lotterie or lotteries, have six monthswarninge after the said yeare ended before our will andpleasure shall, for and on that behalfe, be construed,deemed and adjudged to be in anie wise altered anddetermined.

And our further will and pleasure is that the saidlottery or lottaries shall and maie be opened and heldwithin our cittie of London or in anie other cittie or citties,or ellswheare within this our realme of England, withsuch prises, articles, condicions and limitacions as tothem, the said Tresorer and Companie, in theirdiscreascions shall seeme convenient.

And that itt shall and may be lawfull to and for thesaid Tresorer and Companie to ellect and choose receivors,auditors, surveyors, comissioners, or anie other officerswhatsoever, att their will and pleasure for the bettermarshalling and guiding and governing of the said lottarieor lottaryes; and that itt shalbe likewise lawfull to and forthe said Tresorer and anie twoe of the said Counsell tominister unto all and everie such persons soe ellected andchosen for officers as aforesaid one or more oathes fortheir good behaviour, just and true dealing in and aboutthe lottarie or lottaries to the intent and purpose that noneof our loving subjects, putting in their monies or other-wise adventuring in the said generall lotterie or lottaries,maie be in anie wise defrauded and deceived of their saidmonies or evill and indirectlie dealt withall in their saidadventures.

And we further grannt in manner and forme afore-said, that itt shall and maie be lawfull to and for the saidTreasurer and Companie, under the seale of our Counsellfor the plantacion, to publishe or to cause and procure tobe published by proclamacion or otherwise, the saidproclamacion to be made in their name by vertue of theisepresent, the said lottarie or lotteries in all citties, townes,boroughts, throughfaires and other places within oursaid realme of England; and we will and commande allmayors, justices of peace, sheriffs, bayliffs, constablesand other our officers and loving subjects whatsoever,that in noe wise theie hinder or delaie the progresse andproceeding of the said lottarie or lottaries but be thereinand, touching the premisses, aiding and assisting by allhonest, good and lawfull meanes and endevours.

And further our will and pleasure is that in all ques-tions and dobts that shall arise uppon anie difficultie ofconstruccion or interpretacion of anie thing conteined intheis or anie other our former lettres patent the sameshalbe taken and interpreted in most ample and beneficiall

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manner for the said Tresorer and Companie and theirsuccessors and everie member there of.

And lastly we doe by theis present retifie and confirmeunto the said Treasorer and Companie, and their succes-sors for ever, all and all manner of priviledges, franchises,liberties, immunities, preheminences, profitts and com-modities whatsoever grannted unto them in anie our[former] lettres patent and not in theis present revoked,altered, channged or abridged. Although expressemencion [of the true yearly value or certainty of thepremises, or any of them, or of any other gift or grant, byus or any of our progenitors or predecessors, to theaforesaid Tresurer and Company heretofore made, inthese Presents is not made; or any statute, act, ordinance,provisions, proclamation, or restraint, to the contrarythereof heretofore made, ordained, or provided, or anyother matter, cause, or thing, whatsoever, to the contrary,in any wise, notwithstanding.]

In witnes whereof [we have caused these our lettersto be made patents.] Wittnes our selfe att Westminster,the twelveth daie of March [1612] [in the ninth year of ourreign of England, France, and Ireland, and of Scotland thefive and fortieth.]

Per breve de privato sigillo, etc.

British Public Record Office, Chancery Patent Rolls(c. 66), 1709; William Stith, The History of the First Discoveryand Settlement of Virginia (Williamsburg, Printed by Wil-liam Parks, 1747; New York, 1865), Appendix, pp. 23-32(1-32 in 1865 edition); William Waller Hening, comp., TheStatutes at Large; Being a Collection of All the Laws ofVirginia, From the First Session of the Legislature, in the Year1619 (13 vols., Richmond, 1809-23), I, 98-110. Heningobtained the full charter texts from Stith.

Scanned from The Three Charters of the Virginia Com-pany of London, with Seven Related Documents: 1606-1621,edited and with an introduction by Samuel M. Bemiss(Williamsburg, Va., 350th Anniversary Celebration Cor-poration, 1957). This small volume contains the mostcomplete and accurate texts of all the Virginia charters.The text of the charters is in the public domain and notprotected by copyright. Included in this publication isthe text of the documents and none of Mr. Bemiss’s

editorial notes. (Mr. Bemiss did point out some personalnames that appear in Stith but not in the British PublicRecord Office copy.) Be aware that the scanned text isverbatim, with no correction of spelling errors or transla-tion of archaic words into modern English.

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